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Punishment and Responsibility: Essays in the Philosophy of Law

H.L.A. Hart

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199534777
eISBN:
9780191720703
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199534777.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its ... More


11. Where Have All the Powers Gone?: Hartian Rules of Recognition, Noncognitivism, and the Constitutional and Jurisprudential Foundations of Law

STEPHEN PERRY

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter argues that Hart's doctrine of the rule of recognition is flawed in two distinct but ultimately related ways. The first error is conceiving of the foundations of law as necessarily ... More


Political Societies

Margaret Gilbert

in A Theory of Political Obligation: Membership, Commitment, and the Bonds of Society

Published in print:
2006
Published Online:
September 2006
ISBN:
9780199274956
eISBN:
9780191603976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274959.003.0009
Subject:
Philosophy, Political Philosophy

A political society was defined in Chapter 1 as a society with institutions of governance. These institutions are its institutions. Three kinds of institution of governance are discussed, all ... More


A Life of H.L.A. Hart: The Nightmare and the Noble Dream

Nicola Lacey

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199202775
eISBN:
9780191705953
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199202775.001.0001
Subject:
Law, Legal History

This book recounts the life of H. L. A. Hart, the pre-eminent legal philosopher of the 20th century, and sheds light on the genesis of Hart's ideas and the scale of his contribution to legal and ... More


Indeterminacy in canon law: The Refusal of Holy Communion to Catholic Public Officials: Canon 915: “A Central Case”

John J. Coughlin

in Canon Law: A Comparative Study with Anglo-American Legal Theory

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.003.0007
Subject:
Law, Philosophy of Law

This chapter consists of three sections. First, it describes the controversy about the application of Canon 915 during the 2004 US electoral campaign and discusses this controversy in reference to ... More


9. What Is the Rule of Recognition (And Does It Exist)?

SCOTT J. SHAPIRO

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter examines the opposition to the rule of recognition. Section I states Hart's doctrine of the rule of recognition with some precision. Section II attempts to detail the many roles that the ... More


2. Precedent-Based Constitutional Adjudication, Acceptance, and the Rule of Recognition

RICHARD H. FALLON

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter responds to claims that the Supreme Court behaves lawlessly whenever it follows erroneous past decisions, by invoking and applying H. L. A. Hart's famous assertions that the ultimate ... More


The Provinciality of Jurisprudence Determined

Allan C. Hutchinson

in The Province of Jurisprudence Democratized

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.003.0003
Subject:
Law, Philosophy of Law

This chapter examines the nature and performance of the most favored mode of philosophical inquiry: conceptual analysis. It argues that analytical jurisprudence's practice of conceptual analysis is ... More


Legal Rights

Pavlos Eleftheriadis

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545285
eISBN:
9780191719899
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545285.001.0001
Subject:
Law, Philosophy of Law

How can there be rights in law? We learn from moral philosophy that rights protect persons in a special way because they have peremptory force. But how can this aspect of practical reason be captured ... More


In Defense of Legal Positivism: Law Without Trimmings

Matthew H. Kramer

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264834
eISBN:
9780191705229
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264834.001.0001
Subject:
Law, Philosophy of Law

As an uncompromising defense of legal positivism, this book insists on the separability of law and morality. After distinguishing among three main dimensions of morality, the book explores a variety ... More


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