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Human Rights, the Rule of Law, and American Constitutionalism

ROBIN WEST

in Protecting Human Rights: Instruments and Institutions

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264063
eISBN:
9780191718304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264063.003.0005
Subject:
Law, Human Rights and Immigration

This chapter presents a different understanding of the rule of law, one which is also well within the traditions of liberalism and American constitutionalism, but which is considerably less hostile ... More


The Political Jurisprudence of Thomas Hobbes

Martin Loughlin

in Political Jurisprudence

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198810223
eISBN:
9780191847363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198810223.003.0003
Subject:
Law, Philosophy of Law

What is the significance of Thomas Hobbes’ contribution to jurisprudence? Although often treated as a founder of the dominant modern school of legal positivism, positivists remain embarrassed by the ... More


Hobbes on Sovereign AuthorityHow the Right of Nature Becomes Sovereign Right

David Gauthier

in Sovereignty and the New Executive Authority

Published in print:
2018
Published Online:
November 2018
ISBN:
9780190922542
eISBN:
9780190922573
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190922542.003.0002
Subject:
Law, Legal Profession and Ethics

The right to (private) property in Hobbes’s Leviathan is established by each man authorizing the sovereign, acting in the person of each, to renounce the natural right to unlimited possession in ... More


Security and Self-Preservation before Justice: The Paradigm Shift and Transition from a Natural-Law to a Positive-Law Basis in Thomas Hobbes’ System of Law [2004]

Mirjam Künkler and Tine Stein

in Constitutional and Political Theory: Selected Writings

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198714965
eISBN:
9780191783135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714965.003.0003
Subject:
Law, Constitutional and Administrative Law, Public International Law

Böckenförde shows that in Leviathan Hobbes accomplished a paradigm shift in the realm of law: Leviathan is the starting point for an exclusively positive concept of law, as Hobbes anchors the source ... More


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