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The Origins of Civil Society and the Function of Law

Garrett Barden and Tim Murphy

in Law and Justice in Community

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592685
eISBN:
9780191595653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592685.003.0002
Subject:
Law, Philosophy of Law

How did it come about that humans live together in a community? This chapter argues — in contrast to ‘social contract’ approaches — that human society is a spontaneous ordering of the natural ... More


Positive Language and Positive Law in Thomas Hobbes

James Bernard Murphy

in The Philosophy of Positive Law: Foundations of Jurisprudence

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300107883
eISBN:
9780300138016
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300107883.003.0004
Subject:
Law, Philosophy of Law

This chapter examines Thomas Hobbes' account of language and law. Hobbes inherited from the medieval Scholastics a discourse about language and law that is already quite “positivisitic,” in the sense ... More


The Philosophy of Positive Law: Foundations of Jurisprudence

James Bernard Murphy

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300107883
eISBN:
9780300138016
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300107883.001.0001
Subject:
Law, Philosophy of Law

This book-length study of positive law rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, ... More


The problem of law’s authority

Christopher J. Peters

in A Matter of Dispute: Morality, Democracy, and Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.003.0003
Subject:
Law, Philosophy of Law

This chapter explores some prominent strategies for resolving the problem of legal authority. It first defines the scope of the inquiry: A plausible account of legal authority must provide ... More


The Illegitimacy of Appeals to Natural Law in Constitutional Interpretation

Walter Berns

in Natural Law, Liberalism, and Morality: Contemporary Essays

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199243006
eISBN:
9780191697203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243006.003.0009
Subject:
Law, Philosophy of Law

This chapter discusses and considers whether judges are justified in declaring laws unconstitutional because they conflict with the natural law. The law discussed in this chapter is the pre-modern ... More


Positive Law in the Analytical Positivism of John Austin

James Bernard Murphy

in The Philosophy of Positive Law: Foundations of Jurisprudence

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300107883
eISBN:
9780300138016
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300107883.003.0005
Subject:
Law, Philosophy of Law

This chapter examines John Austin's discourse of positive law. It shows that although Austin was in some respects a disciple of Jeremy Bentham, he strays furthest from his master in his discourse of ... More


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