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Practical Reason in Law and Morality

Neil MacCormick

Published in print:
2008
Published Online:
May 2009
ISBN:
9780198268772
eISBN:
9780191713071
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268772.001.0001
Subject:
Law, Philosophy of Law

The concept of practical reason is central to contemporary thought on ethics and the philosophy of law — acting well means acting for good reasons. Explaining this requires several stages. How do ... More


The Province of Jurisprudence Democratized

Allan C. Hutchinson

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.001.0001
Subject:
Law, Philosophy of Law

This book explores the implications of taking a vigorously democratic approach to issues of traditional legal theory. Allan C. Hutchinson introduces the democratic vision and examines the ... More


Individualism: An Essay on the Authority of the European Union

Alexander Somek

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199542086
eISBN:
9780191715518
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542086.001.0001
Subject:
Law, Philosophy of Law, EU Law

This new and innovative study explains that a transnational regime is based on a conception of citizenship that is different from the conception underlying a constitutional democracy. Citizens are ... More


The Pure Theory of Law—Science or Political Theory?

Lars Vinx

in Hans Kelsen's Pure Theory of Law: Legality and Legitimacy

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199227952
eISBN:
9780191711077
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227952.003.0002
Subject:
Law, Philosophy of Law

This chapter discusses Kelsen's claim that the Pure Theory of Law is a purely descriptive science of law. This Kelsenian self-understanding turns out to be questionable. Key elements of Kelsen's ... More


How Facts Make Law

Mark Greenberg

in Exploring Law's Empire: The Jurisprudence of Ronald Dworkin

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546145
eISBN:
9780191706462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546145.003.0011
Subject:
Law, Philosophy of Law

This chapter offers a new argument against the legal positivist view that non-normative social facts can themselves determine the content of the law. It is argued that the nature of the determination ... More


Disclaimers and Reassertions

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/9780199264834.003.0007
Subject:
Law, Philosophy of Law

This chapter recapitulates some of the principal ideas developed in the preceding six chapters, with particular emphasis on the fact that legal positivists deny the existence of any significant ... More


Primary and Secondary Norms—The Difference between Law and Morality

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/9780198252177.003.0035
Subject:
Law, Philosophy of Law

If a normative order contains not only norms which command a certain behaviour, but also norms which decree sanctions for the nonobservance of norms (as in a positive legal order) and even sanctions ... 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


Oxford Studies in Philosophy of Law: Volume 1

Leslie Green and Brian Leiter (eds)

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606443
eISBN:
9780191729683
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606443.001.0001
Subject:
Philosophy, Moral Philosophy

This work is an annual forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The chapters range widely over issues in general ... 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


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


Hartian Positivism and Normative Facts: How Facts Make Law II

Mark Greenberg

in Exploring Law's Empire: The Jurisprudence of Ronald Dworkin

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546145
eISBN:
9780191706462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546145.003.0012
Subject:
Law, Philosophy of Law

This chapter argues that the most influential version of legal positivism — that associated with H. L. A. Hart — fails. The argument's engine is a requirement that a constitutive account of legal ... More


Legal Teleology: A Naturalist Account of the Normativity of Law

David Copp

in Dimensions of Normativity: New Essays on Metaethics and Jurisprudence

Published in print:
2019
Published Online:
February 2019
ISBN:
9780190640408
eISBN:
9780190640439
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190640408.003.0003
Subject:
Law, Philosophy of Law

Legal Teleology seeks to embrace and to ground the most plausible tenets of both legal positivism and natural law theory. It is compatible with the positivist view that law consists at root in a ... More


Methodological Assumptions: How to Approach a Philosophical Inquiry Into the Topic of Ignorance of Law

Douglas Husak

in Ignorance of Law: A Philosophical Inquiry

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190604684
eISBN:
9780190604714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190604684.003.0002
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter contains three sections. In the first, I clarify the basic question to be addressed. I describe a number of key methodological assumptions I take for granted, even though I am aware they ... More


Legal Positivism as a Functional Explanation of Law

Kenneth M. Ehrenberg

in The Functions of Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199677474
eISBN:
9780191758355
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677474.003.0005
Subject:
Law, Philosophy of Law

Legal positivism generally views law as a genre of artifact. Hart’s de-emphasis on function is seen as a response to Fuller and Dworkin’s mistakes. The inclusive/exclusive debate is understood as ... More


On Prosecution, Legal Decision-Making, and Law

Keith Hawkins

in Law as Last Resort: Prosecution Decision-Making in a Regulatory Agency

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199243891
eISBN:
9780191714184
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243891.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter reflects upon the character of legal control. Prosecution is a symbolic act, expressing conceptions of moral order, which carries meanings beyond any instrumental purpose to be served in ... More


Putting Law in Its Place

Lawrence G. Sager

in The Legacy of Ronald Dworkin

Published in print:
2016
Published Online:
May 2016
ISBN:
9780190466411
eISBN:
9780190466442
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190466411.003.0006
Subject:
Law, Legal History, Constitutional and Administrative Law

In Justice for Hedgehogs, Dworkin defends a one-system understanding of law. According to this view, law is morality…more exactly, law is a branch of political morality. I have a special interest in ... More


Commands and Authoritative Legal Reasons

H. L. A. Hart

in Essays on Bentham: Jurisprudence and Political Philosophy

Published in print:
1982
Published Online:
March 2012
ISBN:
9780198254683
eISBN:
9780191681509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254683.003.0011
Subject:
Law, Philosophy of Law

This chapter first examines critically Bentham's account of what a command is and the curious theory of assertion, indeed of meaning, on which his analysis in part rests. It then shows that though ... More


Juridical Insights and Theological Disputes

Cathleen Kaveny

in Ethics at the Edges of Law: Christian Moralists and American Legal Thought

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190612290
eISBN:
9780190612320
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190612290.003.0007
Subject:
Religion, Religion and Society

This chapter highlights the methodological contributions of Robert E. Rodes Jr. Writing at the intersection of law and theology, Rodes shows how conceptual tools used to distinguish between different ... More


Normativity in Language and Law

Alex Silk

in Dimensions of Normativity: New Essays on Metaethics and Jurisprudence

Published in print:
2019
Published Online:
February 2019
ISBN:
9780190640408
eISBN:
9780190640439
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190640408.003.0013
Subject:
Law, Philosophy of Law

This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a ... More


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