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Obedience, Freedom, and Engagement—or Utility?

Neil MacCormick

in Practical Reason in Law and Morality

Published in print:
2008
Published Online:
May 2009
ISBN:
9780198268772
eISBN:
9780191713071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268772.003.0007
Subject:
Law, Philosophy of Law

James Dalrymple, first Viscount Stair, has advanced three ‘principles of equity’: obedience, freedom, and engagement, that delineate three provinces of practical reason. With regard to ‘obedience’, ... More


Law and Liberty

Philip Pettit

in Legal Republicanism: National and International Perspectives

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559169
eISBN:
9780191720956
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559169.003.0002
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter is divided into two main sections. The first section lays out the essential features of the republican way of thinking about freedom, setting it in contrast to Bentham's view. The second ... More


Introduction

D. J. GALLIGAN

in Law in Modern Society

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199291830
eISBN:
9780191700675
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291830.003.0001
Subject:
Law, Philosophy of Law

Law is said to be essential for social tasks like protecting one from the other and providing a set of rules for basic forms of social life with regard to contract, property, family relations, and ... More


Rights

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/9780804756785.003.0008
Subject:
Law, Philosophy of Law

The term “right” is used properly and in a quite standard way in both law and morality. H. L. A. Hart's theory of rights was not only an adjunct to and testing ground for his theory of obligations ... 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


Introduction to the Second Edition

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/9780804756785.003.0001
Subject:
Law, Philosophy of Law

This book examines the ideas of H. L. A. Hart, a legal philosopher who transformed the study of jurisprudence and had a great influence on both the practice and theory of law. Hart's arguments, ... More


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