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Philosophical Foundations of the Nature of Law$
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Wil Waluchow and Stefan Sciaraffa

Print publication date: 2013

Print ISBN-13: 9780199675517

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199675517.001.0001

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Making Old Questions New: Legality, Legal System, and State

Making Old Questions New: Legality, Legal System, and State

(p.279) 12 Making Old Questions New: Legality, Legal System, and State
Philosophical Foundations of the Nature of Law

Keith Culver

Michael Giudice

Oxford University Press

Analytical jurisprudence has long struggled to explain the continuity of legal systems in the face of challenges such as revolution, devolution, and emergencies. This chapter presents the legal pluralist challenge to Hart's and Raz's attempts to resolve the continuity problem. It argues that while neither Hart's nor Raz's framing of or response to the problem are persuasive, the legal pluralist response to its own challenge to legal theory is also unpersuasive. The problem of continuity remains to be resolved in both state-based legal systems and non-state legal contexts, in future work whose shape is outlined here.

Keywords:   continuity problem, law-state, legal system, non-state legality, analytical jurisprudence, legal pluralism, Hart, Raz, Tamanaha, Twining

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