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17Pravilo priznanja i nastanak pravnog sustavaRevus 27 99-114. 2015.The paper claims that the rule of recognition, given the way it is presented by Hart, cannot be a constitutive rule of any legal system as a whole, but rather a constitutive rule of legal rules as elements of a legal system. Since I take the legal system to be an institutional artifact kind, I claim that, in order to account for a legal system as a whole, at least two further constitutive rules, in addition to the rule of recognition as a token-element constitutive rule, are needed – one constit…Read more
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5Reply to Criticisms of the (Means of) Execution Thesis as a Kind of Legal SanctionArchiv für Rechts- und Sozialphilosophie 99 (1): 68-76. 2013.The paper first outlines the thesis on (the means of) execution as a kind of legal sanction (esp. in the case of causing damage). It then sets out the basic theoretical arguments for rejecting the viewpoint according to which the duty of repair represents a sanction in the case of causing damage. The paper goes on to present the viewpoints of several legal philosophers (Bucher, MacCormick, Padjen, Pokrovac) who raised objections to the thesis on (the means of) execution. Finally, it critically a…Read more
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12Legal systems, intentionality, and a functional explanation of lawJurisprudence 10 (2): 229-236. 2019.Volume 10, Issue 2, June 2019, Page 229-236.
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45The rule of recognition and the emergence of a legal systemRevus 27. 2015.The paper claims that the rule of recognition, given the way it is presented by Hart, cannot be a constitutive rule of any legal system as a whole, but rather a constitutive rule of legal rules as elements of a legal system. Since I take the legal system to be an institutional artifact kind, I claim that, in order to account for a legal system as a whole, at least two further constitutive rules, in addition to the rule of recognition as a token-element constitutive rule, are needed – one constit…Read more
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11Reply to Criticisms of the (Means of) Execution Thesis as a Kind of Legal SanctionArchiv für Rechts- und Sozialphilosophie 99 (1): 68-76. 2013.The paper first outlines the thesis on (the means of) execution as a kind of legal sanction (esp. in the case of causing damage). It then sets out the basic theoretical arguments for rejecting the viewpoint according to which the duty of repair represents a sanction in the case of causing damage. The paper goes on to present the viewpoints of several legal philosophers (Bucher, MacCormick, Padjen, Pokrovac) who raised objections to the thesis on (the means of) execution. Finally, it critically a…Read more
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48Can There Be an Artifact Theory of Law?Ratio Juris 29 (3): 385-401. 2016.The idea that particular legal institutions are artifacts is not new. However, the idea that the “law” or “legal system” is itself an artifact has seldom been directly put forward, due perhaps to the ambiguities surrounding philosophical inquiries into law. Nevertheless, such an idea has recently been invoked more often, though not always developed in detail in terms of what the characterization of the “law” or “legal system” as an artifact entails ontologically, and what consequences, if any, t…Read more