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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


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


12. Who Needs Rules of Recognition?

JEREMY WALDRON

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/9780195343298.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter asks what a rule of recognition actually is, what it does, and what it is good for. It asks what its relation is to other sorts of secondary rules that we may find in a constitutional ... 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


10. Constitutional Theory and the Rule of Recognition: Toward a Fourth Theory of Law

MITCHELL N. BERMAN

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/9780195343298.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter advances one argument and pitches one proposal. The argument is that Hart's theory of law does not succeed. On Hart's account, legal propositions are what they are—that is, they have the ... More


Also among the Prophets: Some Rejoinders to Ronald Dworkin’s Attacks on Legal Positivism

MATTHEW H. KRAMER

in In Defense of Legal Positivism: Law Without Trimmings

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264834
eISBN:
9780191705229
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264834.003.0006
Subject:
Law, Philosophy of Law

This chapter responds to Ronald Dworkin’s numerous criticisms of H. L. A. Hart’s legal positivism. It first lengthily challenges Dworkin’s model of adjudication and law-ascertainment, and then repels ... More


7. Rules of Recognition, Constitutional Controversies, and the Dizzying Dependence of Law on Acceptance

LARRY ALEXANDER and FREDERICK SCHAUER

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/9780195343298.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter takes up the question of the nonlegal foundations of any legal system and, in particular, H. L. A. Hart's notion of the ultimate rule of recognition—the master rule that pedigrees the ... More


The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy

Matthew H. Kramer, Claire Grant, Ben Colburn, and Antony Hatzistavrou (eds)

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199542895
eISBN:
9780191720130
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542895.001.0001
Subject:
Law, Philosophy of Law

This book grows out of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H. L. A. Hart, the most important legal philosopher and one of the most important political ... More


Creon’s Ghost

Joseph P. Tomain

in Creon's Ghost: Law, Justice, and the Humanities

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195333411
eISBN:
9780199868841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333411.003.0001
Subject:
Law, Philosophy of Law

This chapter uses Antigone to establish the fundamental conflict between man's law and the higher law. It argues that law's claim on us derives, in part, from its authority. When we refer to man's ... More


Law and Custom

André Béteille

in Democracy and Its Institutions

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198080961
eISBN:
9780199082049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198080961.003.0008
Subject:
Sociology, Politics, Social Movements and Social Change

Some disjunction seems to exist between law and custom, especially in societies that are in transition or are undergoing rapid social change. This is the case in India today, where laws have been ... More


13. Kelsen, Quietism, and the Rule of Recognition

MICHAEL STEVEN GREEN

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/9780195343298.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter contrasts Hart's approach with legal quietism. For Hart, when justification of law by law runs out, justification is still available by reference to social facts. For the quietist, legal ... More


Private Faces in Public Places 1

Susan Mendus

in The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199542895
eISBN:
9780191720130
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542895.003.0016
Subject:
Law, Philosophy of Law

This chapter suggests that an investigation of some aspects of Hart's private life (as disclosed in the recent biography of Hart by Nicola Lacey) can illuminate some of his arguments and positions on ... More


Hart and Feinberg on Responsibility *

John Gardner

in The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199542895
eISBN:
9780191720130
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542895.003.0007
Subject:
Law, Philosophy of Law

This chapter returns to some of the issues in the philosophy of responsibility that were explored by H. L. A. Hart and Joel Feinberg. It contends that the inadequacies of their theories stem from ... More


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