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Morality, Positive and Critical

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/9780804756785.003.0005
Subject:
Law, Philosophy of Law

The term “rules” may be applied for certain standards of conduct. In an essay on “Legal and Moral Obligation” in which he criticized what he believed to be extremely 'protestant' in R. M. Hare's ... More


Law, Morality, and Positivism

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/9780804756785.003.0013
Subject:
Law, Philosophy of Law

H. L. A. Hart is known as a staunch defender of human and civil liberty. In his celebrated lectures on Law, Liberty and Morality, he argues that the use of legal coercion by any society calls for ... More


Constitutional Convention: Practice and Principle

T. R. S. Allan

in The Sovereignty of Law: Freedom, Constitution and Common Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199685066
eISBN:
9780191765353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685066.003.0002
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

A lawyerly account of convention, explaining the nature and role of constitutional conventions, must be an interpretation of political practice. It cannot be merely a neutral description of ... More


The Theory of Convention Since Dicey

Geoffrey Marshall

in Constitutional Conventions: The Rules and Forms of Political Accountability

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198762027
eISBN:
9780191695179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198762027.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter begins with a discussion on obedience to conventions. The author cites several writers such as Dicey and Sir Ivor Jennings and presents their views towards the explanation of obedience ... More


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