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Legality's BordersAn Essay in General Jurisprudence$
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Keith Culver and Michael Giudice

Print publication date: 2010

Print ISBN-13: 9780195370751

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780195370751.001.0001

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Fresh problems

Fresh problems

Legality's Borders



Oxford University Press

This chapter argues how the problems of continuity and identity, declared unsolved by Raz, are fundamentally altered. The old conceptions of the problems are thoroughly state-, official-, system-, and hierarchy-based, and as such are of limited value in facing both old and new challenges to explanation of the existence and borders of legality. A new way of understanding these old problems is proposed, re-characterizing them in terms more suited to the goals of general jurisprudence in facing a much broader range of phenomena than before. The chapter also identifies some of the next challenges an inter-institutional view faces.

Keywords:   identity, continuity, pathologies of legality, novel technology, emergencies, legality

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