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The Province of Jurisprudence Compromised

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/9780195343250.003.0001
Subject:
Law, Philosophy of Law

This chapter begins with a discussion of the purpose of this book, which is to expose the failings and frailties of analytical jurisprudence and suggest an alternative approach to legal theory. It ... 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


The Province of Jurisprudence Revisited

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/9780195343250.003.0002
Subject:
Law, Philosophy of Law

This chapter reviews Austin's approach to jurisprudence and traces its continuing influence on the performance of jurisprudence today. Rather than offer a flat chronological narrative, it presents a ... More


The Province of Jurisprudence Predetermined

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/9780195343250.003.0005
Subject:
Law, Philosophy of Law

The attractions of the scientific method have been given a new lease on jurisprudential life. The lack of scientific ambition is considered by some to be the failing of contemporary legal theory, and ... More


The Province of Jurisprudence Regenerated

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/9780195343250.003.0007
Subject:
Law, Philosophy of Law

This chapter offers an expansive and nuanced account of power that is more attuned to the complexities of contemporary society. After canvassing the various ways in which Austin's insights have been ... More


The Morality 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/9780195343250.003.0004
Subject:
Law, Philosophy of Law

This chapter explores the link between law and morality. It considers the positivist and moralist accounts of jurisprudence, and contends that the best arguments put forward to defend the validity, ... More


The Province of Jurisprudence Moralized

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/9780195343250.003.0006
Subject:
Law, Philosophy of Law

This chapter explores the sophisticated and controversial work of Ronald Dworkin. After introducing his basic ideas, it looks at how he manages to capture both the best and worst of this ... More


The Experimental Province of Democracy 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/9780195343250.003.0009
Subject:
Law, Philosophy of Law

This chapter pulls together the main threads of the argument presented in the book and defends this proposed revitalization of legal theory as an adjunct location of democratic politics more ... More


Making Old Questions New: Legality, Legal System, and State

Keith Culver and Michael Giudice

in Philosophical Foundations of the Nature of Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675517
eISBN:
9780191757280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675517.003.0013
Subject:
Law, Philosophy of Law

Analytical jurisprudence has long struggled to explain the continuity of legal systems in the face of challenges such as revolution, devolution, and emergencies. This chapter presents the legal ... More


Jhering's Heaven of Concepts and Modern Analytical Jurisprudence

H. L. A. Hart

in Essays in Jurisprudence and Philosophy

Published in print:
1983
Published Online:
March 2012
ISBN:
9780198253884
eISBN:
9780191681431
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198253884.003.0013
Subject:
Law, Philosophy of Law

This chapter begins by expressing the regret that so few of Jhering's great works are translated into English. It is an intellectual tragedy; there is no English translation even of the masterly ... More


Hart: Moral Critic and Analytical Jurist

in H.L.A. Hart, Second Edition

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756785
eISBN:
9780804779562
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756785.003.0002
Subject:
Law, Philosophy of Law

The objective of jurisprudence is to achieve a systematic and general understanding of law. Law aims to organize and order human communities, as well as protect and regulate human beings as members ... More


H.L.A. Hart, Second Edition

Neil MacCormick

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756785
eISBN:
9780804779562
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756785.001.0001
Subject:
Law, Philosophy of Law

This substantially revised second edition delivers an introduction to the life and works of H. L. A. Hart, noted Professor of Jurisprudence at the University of Oxford from 1952 to 1968. Hart ... More


The Province of The Judiciary Democratized

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/9780195343250.003.0008
Subject:
Law, Philosophy of Law

This chapter considers the defense of adjudication as not merely an acceptable feature of democracy, but also as an indispensable component in a flourishing democratic society. It examines the ... More


The Foundations of Formal Ascertainment of International Law: The Social Thesis

d'Aspremont Jean

in Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696314
eISBN:
9780191732201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696314.003.0008
Subject:
Law, Public International Law, Philosophy of Law

Chapter 7 has broached some avenues to revitalize the current law-ascertainment criteria in international law by moving away from intent but did not provide any indication as to the foundations of ... More


Bentham's Of Laws in General

H. L. A. Hart

in Essays on Bentham: Jurisprudence and Political Philosophy

Published in print:
1982
Published Online:
March 2012
ISBN:
9780198254683
eISBN:
9780191681509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254683.003.0006
Subject:
Law, Philosophy of Law

Bentham's Of Laws in General is a remarkable work with a remarkable history. This chapter provides a brief mention of the salient features of the story. Of Laws in General is in fact a continuation ... More


Institutions of Law: An Essay in Legal Theory

Neil MacCormick

Published in print:
2007
Published Online:
January 2009
ISBN:
9780198267911
eISBN:
9780191714832
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267911.001.0001
Subject:
Law, Philosophy of Law

This book offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known ‘institutional theory ... More


The Explanatory Role of the Weak Natural Law Thesis *

Mark C. Murphy

in Philosophical Foundations of the Nature of Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675517
eISBN:
9780191757280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675517.003.0002
Subject:
Law, Philosophy of Law

This chapter considers the role that the weak natural law thesis — the claim that any law that fails to be a rational standard for conduct is defective as law — in providing an account of the nature ... More


Introduction

d'Aspremont Jean

in Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696314
eISBN:
9780191732201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696314.003.0001
Subject:
Law, Public International Law, Philosophy of Law

This introductory chapter provides the background of the argument. It starts by describing the contemporary move away from the necessity to distinguish law from non-law and the growing tendency to ... More


Essays in Legal Philosophy

Eugenio Bulygin

Carlos Bernal, Carla Huerta, Tecla Mazzarese, José Juan Moreso, Pablo E. Navarro, and Stanley L. Paulson (eds)

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198729365
eISBN:
9780191796272
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729365.001.0001
Subject:
Law, Philosophy of Law

This book engages with the thought of some of the major figures in legal philosophy in the English-speaking world, including H. L. A. Hart, Ronald Dworkin, and Joseph Raz, as it offers a fresh ... More


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