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Discretionary Powers: A Legal Study of Official Discretion

D. J. Galligan

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198256526
eISBN:
9780191681653
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256526.001.0001
Subject:
Law, Human Rights and Immigration, Philosophy of Law

One noticeable feature of modern legal systems is the extent to which power is conferred upon government officials and agencies to be exercised at their discretion, according to policy ... More


The Personal and Material Spheres of Validity

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0037
Subject:
Law, Philosophy of Law

When the norm commands, empowers, or positively permits a certain behaviour, it is not the human being in his entirety which is subject to a norm, but always only a certain behaviour of his. Human ... More


Humanity and its Future

Philip Allott

in Eunomia: New Order for a New World

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199244935
eISBN:
9780191697418
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244935.003.0019
Subject:
Law, Philosophy of Law

This chapter explores the three worlds made by consciousness and its future. In the physical world made by consciousness, the human being has found means of transforming that world by treating it as ... More


The Validity of a Norm and its Observance or Violation

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0012
Subject:
Law, Philosophy of Law

Immediate observance or violation is possible only with a categorically valid individual norm, and not with a general norm (whether categorically or hypothetically valid). If an individual ... More


The Objectivity of the Validity of General Norms and of Individual Norms

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0013
Subject:
Law, Philosophy of Law

The validity of a general hypothetical norm begins when it is posited. But this conditional validity is not full validity. The process by which a general hypothetical norm becomes valid does not end ... More


The Logical Structure of a Hypothetical Norm—The Relation of Condition and Consequence

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0060
Subject:
Law, Philosophy of Law

General norms are hypothetical, that is, they attach a generally specified consequence decreed to be obligatory to a generally specified condition. But individual norms can also be hypothetical. This ... More


Rights

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/9780199592685.003.0009
Subject:
Law, Philosophy of Law

This chapter grounds an account of rights in the Roman definition of justice. It argues that rights, whether they are classed as ‘natural’, ‘individual’, ‘subjective’, ‘fundamental’, or ‘human’, are ... More


Do We Have a Right to Common Goods?

Andrei Marmor

in Law in the Age of Pluralism

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195338478
eISBN:
9780199855360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195338478.003.0010
Subject:
Law, Philosophy of Law

This chapter explores the question of what individuals or groups may have a right to. In particular, it considers the question of whether people can have a right to common goods, such as the ... More


On The Right to Private Property and Entitlement to One's Income

Andrei Marmor

in Law in the Age of Pluralism

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195338478
eISBN:
9780199855360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195338478.003.0011
Subject:
Law, Philosophy of Law

This chapter explores the question of whether people should have a right to their pretax income. It argues that the main insight of Liam Murphy and Thomas Nagel's book, The Myth of Ownership, that ... More


Well-Being and Fair Distribution: Beyond Cost-Benefit Analysis

Matthew Adler

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195384994
eISBN:
9780199918348
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384994.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This book addresses a range of relevant theoretical issues, including the possibility of an interpersonally comparable measure of well-being, or “utility” metric; the moral value of equality, and how ... More


Next Steps

Matthew D. Adler

in Well-Being and Fair Distribution: Beyond Cost-Benefit Analysis

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195384994
eISBN:
9780199918348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384994.003.0009
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter outlines three large, difficult, and important problems, connected to the social welfare function (SWF) framework. First, what is the appropriate legal role of the SWF framework? Should ... More


My Relational Framework: Terms, Puzzles, and Purpose

Jennifer Nedelsky

in Law's Relations: A Relational Theory of Self, Autonomy, and Law

Published in print:
2012
Published Online:
January 2012
ISBN:
9780195147964
eISBN:
9780199918133
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195147964.003.0002
Subject:
Law, Philosophy of Law

Chapter 1 introduces the framework for the whole book. It explains each of the key terms—relational self, relational autonomy, and a relational approach to law and rights and identifies the major ... More


Law, Boundaries, and the Bounded Self

Jennifer Nedelsky

in Law's Relations: A Relational Theory of Self, Autonomy, and Law

Published in print:
2012
Published Online:
January 2012
ISBN:
9780195147964
eISBN:
9780199918133
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195147964.003.0003
Subject:
Law, Philosophy of Law

Chapter 2 is about the centrality of the boundary metaphor in the conceptual structure of Anglo-American law and its relation to an underlying conception of the "bounded self." I argue for a new ... More


Safeguarding

Jules L. Coleman

in Risks and Wrongs

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253616
eISBN:
9780191719776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253616.003.0007
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter shows that rational contractors seek to create mutually advantageous, enforcable agreements. Doing so requires that they satisfy three independent rationality conditions: joint, ... More


Group Rights

JAMES GRIFFIN

in Rights, Culture and the Law: Themes from the Legal and Political Philosophy of Joseph Raz

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199248254
eISBN:
9780191714849
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248254.003.0010
Subject:
Law, Philosophy of Law

Political theorists sometimes speak of different generations of rights. One such generation, the rights of our time, of the last twenty years or so, are ‘solidarity’ rights, including most ... More


Against Collective Rights

YAEL (YULI) TAMIR

in Rights, Culture and the Law: Themes from the Legal and Political Philosophy of Joseph Raz

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199248254
eISBN:
9780191714849
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248254.003.0011
Subject:
Law, Philosophy of Law

Collective rights, it is argued, are necessary to protect and promote the interests of members of minority groups. This latter claim is supported by theoretical and political arguments. The former ... More


Regulating Markets

Mark Kelman

in The Heuristics Debate

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199755608
eISBN:
9780199895236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199755608.003.0007
Subject:
Law, Philosophy of Law

The chapter considers H&B and F&F attitudes towards market failure and information disclosure, highlighting first that policymakers influenced by the H&B school have worried about internal as well as ... More


Euthanasia and Justice

John Finnis

in Human Rights and Common Good: Collected Essays Volume III

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580071
eISBN:
9780191729393
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580071.003.0015
Subject:
Law, Philosophy of Law

This chapter brings together the three phases of a rolling debate with John Harris about the justifiability of euthanasia. The senses of ‘euthanasia’ are carefully distinguished; the defining ... More


Persons and Their Associations

John Finnis

in Intention and Identity: Collected Essays Volume II

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580064
eISBN:
9780191729386
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580064.003.0006
Subject:
Law, Philosophy of Law

This chapter contains the text of a 1989 response to Roger Scruton's philosophical paper ‘Corporate Persons’ (summarized in the endnote) emphasizes that the paradigm of personhood is the persisting ... More


Neoliberalism and Morality

Alexander Somek

in Engineering Equality: An Essay on European Anti-Discrimination Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199693375
eISBN:
9780191729737
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693375.003.0004
Subject:
Law, Philosophy of Law, EU Law

The shift of focus from ‘hard’ to ‘soft’ measures or, more accurately put, from legality to strategies of behavioural attunement is congruent with principles that govern the internal constitution of ... More


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