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Theories of Law and Government

William Cornish, Michael Lobban, and Keith Smith

in The Oxford History of the Laws of England: Volume XI: 1820–1914 English Legal System

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258819
eISBN:
9780191718151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258819.003.0004
Subject:
Law, Legal History

This chapter on theories of law and government begins with a discussion of the thought of Jeremy Bentham. It then discusses John Austin's reformulation of the province of jurisprudence, intuitionists ... More


Blackstone and Bentham: The Law of Nations and International Law

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0001
Subject:
Law, Public International Law, Legal History

English jurist, William Blackstone's Commentaries, published between 1765 and 1769, transmitted the common law's traditional perception of the law of nations to American lawyers who would declare ... 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


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


Wrongs and the Law of Wrongs

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0002
Subject:
Law, Comparative Law, Law of Obligations

This chapter concerns itself with the identification of the subject-matter of the book, wrongs and the law of wrongs. Regarding the former, the definition offered of a wrong (or civil wrong) is that ... More


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 Philosophy of Positive Law: Foundations of Jurisprudence

James Bernard Murphy

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300107883
eISBN:
9780300138016
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300107883.001.0001
Subject:
Law, Philosophy of Law

This book-length study of positive law rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, ... More


Law and Society in Western Legal Theory

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0002
Subject:
Law, Philosophy of Law

This chapter reviews seven basic categories of thought in Western social and legal theory on the relationship between law and society: classical legal theory, natural law tradition, legal positivist ... More


Authority and Authorship

Andrei Marmor

in Positive Law and Objective Values

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198268970
eISBN:
9780191713187
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268970.003.0005
Subject:
Law, Philosophy of Law

This chapter considers the essential relationship between authority and authorship and suggests that there is no authority without authorship. It argues that legal authority must be attributable to ... More


Austin and Ordinary Language

Stanley Rosen

in The Elusiveness of the Ordinary: Studies in the Possibility of Philosophy

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300091977
eISBN:
9780300129526
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300091977.003.0007
Subject:
Philosophy, History of Philosophy

This chapter raises the question: What is ordinary about ordinary language? In raising this question, the chapter looks at some of the philosophical writings of John Austin. This chapter does not, ... More


“Saying and the Said”: Two Paradigms for the Same Subject

Isabelle Thomas-Fogiel

in The Death of Philosophy: Reference and Self-reference in Contemporary Thought

Published in print:
2011
Published Online:
November 2015
ISBN:
9780231147781
eISBN:
9780231519632
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231147781.003.0002
Subject:
Philosophy, General

This chapter offers a critique of two philosophical traditions—both the most widely practiced and the most different in style—within the context of the death of philosophy: Continental philosophy and ... More


Consequentialism and Motives

Steven Sverdlik

in Motive and Rightness

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199594948
eISBN:
9780191725401
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594948.003.0003
Subject:
Philosophy, Moral Philosophy

A survey is presented of consequentialist views about the deontic relevance of motives, starting with Bentham's utilitarianism. Austin, Sidgwick and especially Mill seem to contend that motives are ... More


Jurisprudence 1

Barry Nicholas

in The History of the University of Oxford: Volume VII: Nineteenth-Century Oxford, Part 2

Published in print:
2000
Published Online:
October 2011
ISBN:
9780199510177
eISBN:
9780191700972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199510177.003.0015
Subject:
History, British and Irish Modern History

The state of legal education in England had been a cause for public concern for some twenty years before the creation of the School of Law and Modern History at Oxford University in 1850. Such ... More


A Positivist Pluralism?

Víctor M Muñiz-Fraticelli

in The Structure of Pluralism

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199673889
eISBN:
9780191752148
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673889.003.0006
Subject:
Law, Constitutional and Administrative Law, Public International Law

Since its emergence in the 1970s and 80s, social-scientific legal pluralism has been largely hostile to the legal positivist tradition, accusing it of centralism, formalism, autonomism, and ... More


On Hart’s Way Out

Scott J. Shapiro

in Hart’s Postscript: Essays on the Postscript to ‘The Concept of Law’

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198299080
eISBN:
9780191685606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299080.003.0005
Subject:
Law, Philosophy of Law

This chapter examines the philosophical project of jurisprudence and the law's claim to legal authority in relation to Herbert Hart's The Concept of Law. It discusses Hart's argument that it was ... More


Hart's Philosophy of Punishment

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/9780199580071.003.0011
Subject:
Law, Philosophy of Law

This chapter reviews Hart's Essay on Punishment and Responsibility (1968) and underlines Hart's resistance to scepticism and reductivism in relation to the conceptions of human nature and of justice ... More


A Short History of the Right-Holding Person

Visa A.J. Kurki

in A Theory of Legal Personhood

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198844037
eISBN:
9780191879708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198844037.003.0002
Subject:
Law, Philosophy of Law

The chapter is a historical survey of the genealogy of legal personhood, offering context for how two central notions of modern legal philosophy—personhood and rights—developed. It traces how the ... More


Normativity, Legality and Judgment

N.E. Simmonds

in Law as a Moral Idea

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199552191
eISBN:
9780191701597
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552191.003.0004
Subject:
Law, Philosophy of Law

The philosophy of law has tended to concern itself with the structural types of questions, such as whether the normativity of morality can be reduced to the normativity of rational self-interest. ... More


Technological Performances

Danilyn Rutherford

in Living in the Stone Age: Reflections on the Origins of a Colonial Fantasy

Published in print:
2018
Published Online:
May 2019
ISBN:
9780226570105
eISBN:
9780226570389
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226570389.003.0005
Subject:
Anthropology, Anthropology, Theory and Practice

Chapter 4 turns from the vulnerability officials felt in the face of technology to their efforts to reassert mastery. The chapter analyzes several technology demonstrations, which were a critical ... More


Dualism and Archetype

N.E. Simmonds

in Law as a Moral Idea

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199552191
eISBN:
9780191701597
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552191.003.0002
Subject:
Law, Philosophy of Law

From a certain perspective, law appears to be a morally neutral device that can be used for diverse purposes, deriving any moral properties that it might possess from its variable and contingent ... More


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