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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


The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory

Jules Coleman

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264124
eISBN:
9780191707698
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264124.001.0001
Subject:
Law, Philosophy of Law

This book expands the argument introduced in the Clarendon Lectures in Law presented at Oxford University in the fall of 1998. It introduces and attempts to sustain two different kinds of arguments; ... More


On the Separability of Law and Morality

Matthew H. Kramer

in Where Law and Morality Meet

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546138
eISBN:
9780191705434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546138.003.0008
Subject:
Law, Philosophy of Law

Whereas some legal positivists in recent years have queried the separability of law and morality, this chapter strongly reaffirms that separability. It emphasizes that the positivist insistence on ... More


Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy

Brian Leiter

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199206490
eISBN:
9780191715020
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206490.001.0001
Subject:
Law, Philosophy of Law

The author is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic ... 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


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


International Society—Consent and Custom as Sources of Law

Jason Ralph

in Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.003.0002
Subject:
Political Science, International Relations and Politics

This chapter examines why legal positivism emphasises the importance of sovereign consent and relates it to the pluralist conception of international society introduced in the previous chapter. This ... More


Is Legal Philosophy Normative?

Andrei Marmor

in Philosophy of Law

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691141671
eISBN:
9781400838707
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691141671.003.0006
Subject:
Philosophy, General

H. L. A. Hart characterized his theory about the nature of law as “descriptive and morally neutral.” Like previous legal positivists such as John Austin and Hans Kelsen, he thought that a ... More


Negative and positive positivism

Jules L. Coleman

in Markets, Morals, and the Law

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253609
eISBN:
9780191719783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253609.003.0001
Subject:
Law, Competition Law

This chapter presents and defends a version of legal positivism, relying on two distinctions: one between epistemic and ontological conceptions of the rule of recognition, and the other between ... More


Introduction

Matthew H. Kramer

in Where Law and Morality Meet

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546138
eISBN:
9780191705434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546138.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter distinguishes three varieties of legal positivism. Inclusive Legal Positivism maintains that a norm's consistency with some or all of the correct principles of morality can ... More


Introduction

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/9780199227952.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter situates Kelsen's Pure Theory in the context of contemporary legal positivism. The Pure Theory is typically considered to be a forerunner of purely descriptive legal ... More


Humanitarian Intervention and International Law

James Pattison

in Humanitarian Intervention and the Responsibility To Protect: Who Should Intervene?

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199561049
eISBN:
9780191722318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199561049.003.0002
Subject:
Political Science, Comparative Politics, International Relations and Politics

It is often claimed that humanitarian intervention should be undertaken only by those interveners whose action would be legal according to current international law. This chapter considers this ... More


Inclusive Legal Positivism

JULES L. COLEMAN

in The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264124
eISBN:
9780191707698
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264124.003.0009
Subject:
Law, Philosophy of Law

This chapter considers the differences between inclusive and exclusive legal positivism, and distinguishes the chapter’s version of inclusive legal positivism from other accounts. It argues that ... More


Legal Realism and Legal Positivism Reconsidered *

BRIAN LEITER

in Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199206490
eISBN:
9780191715020
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206490.003.0004
Subject:
Law, Philosophy of Law

This chapter challenges two widespread views about the relationship between the jurisprudential theories known as ‘Legal Realism’ and ‘Legal Positivism’. The first is that the two doctrines are ... More


A Socio-Legal Positivist Approach to Law

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/9780199244676.003.0006
Subject:
Law, Philosophy of Law

This chapter proposes a conventionalist approach to the concept of law and comprehensively reconstructs legal positivism into what is called socio-legal positivism. This extensive discussion of legal ... 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


The Nature of the Neo-liberal State and the Rule of Law

Raymond Plant

in The Neo-liberal State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199281756
eISBN:
9780191713040
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199281756.003.0002
Subject:
Political Science, Comparative Politics, Political Theory

This chapter does two related things. First of all it sets out the neo‐liberal case for thinking that the state should be conceived largely in terms of rules and procedures instead of delivering ... More


Where Law and Morality Meet

Matthew H. Kramer

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546138
eISBN:
9780191705434
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546138.001.0001
Subject:
Law, Philosophy of Law

This book explores some of the chief ways in which law and morality are connected, and some of the many respects in which they remain distinct. The book's eight chapters are grouped into three parts. ... More


The Italian Style: Doctrine

Michael A. Livingston, Pier Giuseppe Monateri, and Francesco Parisi

Mauro Capelletti, John Henry Meryman, and Joseph M. Perillo (eds)

in The Italian Legal System: An Introduction, Second Edition

Published in print:
2015
Published Online:
May 2016
ISBN:
9780804774956
eISBN:
9780804796552
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804774956.003.0005
Subject:
Law, Comparative Law

This chapter traces the development of a distinct Italian “style,” which is characterized by an inclination toward legal positivism; a reluctance to consider nonlegal disciplines, notably philosophy, ... More


How Moral Principles can Enter into the Law

Matthew H. Kramer

in Where Law and Morality Meet

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546138
eISBN:
9780191705434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546138.003.0002
Subject:
Law, Philosophy of Law

This chapter defends Inclusive Legal Positivism and Incorporationism against objections posed by Scott Shapiro. At the same time, it distinguishes between a bold version and a modest version of ... More


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