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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

Chapter:
(p.173) 6 FRESH PROBLEMS
Source:
Legality's Borders
Author(s):

KEITH CULVER

MICHAEL GIUDICE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195370751.003.006

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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