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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


Scrupulousness without Scruples: a Critique of Lon Fuller and his Defenders

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/9780199264834.003.0003
Subject:
Law, Philosophy of Law

Although this chapter endorses Lon Fuller’s eight principles of legality as an illuminating exposition of the nature of the rule of law, it sustainedly contests his claims that those principles ... More


Hart and the Principles of Legality

Jeremy Waldron

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/9780199542895.003.0004
Subject:
Law, Philosophy of Law

This chapter contends that Hart in some portions of his work relies upon an understanding of the fundamental principles of legality as moral principles, even though Hart elsewhere insists that the ... More


Legal Obligation and the Concept of Law

T.R.S. Allan

in Constitutional Justice: A Liberal Theory of the Rule of Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199267880
eISBN:
9780191707728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267880.003.0003
Subject:
Law, Constitutional and Administrative Law

The various formal requirements of an essentially procedural version of the rule of law derive their point and fundamental value from the broader ideal of constitutionalism to which, ideally, they ... More


Essays in Jurisprudence and Philosophy

H. L. A. Hart

Published in print:
1983
Published Online:
March 2012
ISBN:
9780198253884
eISBN:
9780191681431
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198253884.001.0001
Subject:
Law, Philosophy of Law

The chapters in this book were written in the twenty-eight years following H. L. A. Hart's inaugural lecture in 1953 as Professor of Jurisprudence at Oxford. Originally published in England, the ... More


The Internal Identity of a Stateless Legal System

Thomas Schultz

in Transnational Legality: Stateless Law and International Arbitration

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199641956
eISBN:
9780191747793
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641956.003.0009
Subject:
Law, Public International Law, Philosophy of Law

This chapter first reviews the central tenets of the School of Dijon. It shows that their identification of non-state arbitral legal systems, and the connected loosening of the bonds between law and ... More


First Principles: the Rule of Law and Separation of Powers

T.R.S. ALLAN

in Constitutional Justice: A Liberal Theory of the Rule of Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199267880
eISBN:
9780191707728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267880.003.0002
Subject:
Law, Constitutional and Administrative Law

When the idea of the rule of law is interpreted as a principle of constitutionalism, it assumes a division of governmental powers or functions that inhibits the exercise of arbitrary state power. It ... More


The Rule of Law

J. M. Bernstein

in Political Concepts: A Critical Lexicon

Published in print:
2017
Published Online:
May 2018
ISBN:
9780823276684
eISBN:
9780823277285
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823276684.003.0011
Subject:
Philosophy, Political Philosophy

This chapter analyzes the concept of rule of law. It examines Gustav Radbruch's theory since his argument against the extremes of Nazi law was a pivotal moment in the re-emergence of antipositivist ... More


Aspiring to the Rule of Law

DAVID DYZENHAUS

in Protecting Human Rights: Instruments and Institutions

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264063
eISBN:
9780191718304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264063.003.0010
Subject:
Law, Human Rights and Immigration

This chapter begins by setting out the general area of agreement within legal theory that leads to lack of interest in the rule of law. It notes that the recent entry of a position called democratic ... More


Fuller and the Theory of Contract

P. S. Atiyah

in Essays on Contract

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198254447
eISBN:
9780191681493
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254447.003.0004
Subject:
Law, Law of Obligations

One of the most original, interesting, and profound legal thinkers of the present century is the late Lon Fuller, with ‘The Reliance Interest in Contract Damages’ as one of the most influential ... More


Reading Law *

William Twining

in Law in Context: Enlarging a Discipline

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264835
eISBN:
9780191682810
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264835.003.0019
Subject:
Law, Philosophy of Law

‘Reading law’ is the intellectual activity of studying and using various kinds of texts. This chapter has four propositions: the range of materials available for the study of law is much wider and ... More


Positivism

Frederic R. Kellogg

in Oliver Wendell Holmes Jr. and Legal Logic

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226523903
eISBN:
9780226524061
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226524061.003.0009
Subject:
Law, Legal History

Lon Fuller’s 1940 attack on Holmes, and on legal positivism in general, led to widespread misunderstanding of Holmes as having “separated” law and morals. The issue of this putative separation was ... More


Lon L. Fuller: The Morality of Law

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/9780198253884.003.0017
Subject:
Law, Philosophy of Law

This chapter discusses Lon L. Fuller's book The Morality of Law. This imaginative, original, and thought-provoking book is richly stocked with a variety of themes, many of which deserve a much fuller ... More


The Rule of Law as the Rule of Private Law

TRS Allan

in Private Law and the Rule of Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198729327
eISBN:
9780191796265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729327.003.0004
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

A study of the contrasting views of Joseph Raz and FA Hayek on the rule of law reveals the limitations of a mainly instrumentalist approach to law. When law is viewed in the light of the ideal of the ... More


A Method in Search of a Purpose: The Internal Morality of Medicine

John D. Arras, James Childress, and Matthew Adams

in Methods in Bioethics: The Way We Reason Now

Published in print:
2017
Published Online:
August 2017
ISBN:
9780190665982
eISBN:
9780190666019
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190665982.003.0007
Subject:
Philosophy, Moral Philosophy

This chapter examines the “internal morality” approach to medicine. According to this method, a medical ethic can be derived entirely from the contemplation of medicine’s proper nature, goals, and ... More


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