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Laws and Conventions

N. W. Barber

in The Constitutional State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.003.0006
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The previous chapter introduced the idea of constitutional conventions, discussing their nature and place within the constitution. It left at least one important feature of conventions unexplored: ... More


John Austin on Punishment *

Matthew H. Kramer

in Oxford Studies in Philosophy of Law: Volume 2

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679829
eISBN:
9780191760051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679829.003.0003
Subject:
Law, Philosophy of Law

This chapter examines the strengths and weaknesses of John Austin's sanctions-based conception of law. Austin's conception of punishment is that of a deterrence-oriented theorist. According to such a ... More


Fowler's Progressive Morality

Henry Sidgwick

in Essays on Ethics and Method

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198250234
eISBN:
9780191598432
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198250231.003.0028
Subject:
Philosophy, Moral Philosophy

In this essay, Sidgwick analyses Fowler's attempt to develop a scientific conception of morality that addresses practical applications rather than theoretical difficulties. After distinguishing the ... More


Coercion and Law

Neil MacCormick

in Legal Right and Social Democracy: Essays in Legal and Political Philosophy

Published in print:
1984
Published Online:
March 2012
ISBN:
9780198255024
eISBN:
9780191681561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255024.003.0012
Subject:
Law, Philosophy of Law

This chapter provides a discussion on the widely held view that law — positive law — is essentially coercive. It offers an analysis of the concept of coercion, and then discusses the questions of ... More


Bentham's Of Laws in General

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/9780198254683.003.0006
Subject:
Law, Philosophy of Law

Bentham's Of Laws in General is a remarkable work with a remarkable history. This chapter provides a brief mention of the salient features of the story. Of Laws in General is in fact a continuation ... More


A culture beyond repair? The nexus between ethics and sanctionsin finance

Jay Cullen

in Just Financial Markets?: Finance in a Just Society

Published in print:
2017
Published Online:
May 2017
ISBN:
9780198755661
eISBN:
9780191816789
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755661.003.0007
Subject:
Political Science, Political Economy

In the wake of the Great Financial Crisis and the attendant collapse of faith in market discipline, there has been a concerted attempt by regulators and state officials to address the perceived ... More


Housing and anti-social behaviour in Australia

Arthurson Kathy and Jacobs Keith

in Housing, urban governance and anti-social behaviour: Perspectives, policy and practice

Published in print:
2006
Published Online:
March 2012
ISBN:
9781861346858
eISBN:
9781447302544
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781861346858.003.0014
Subject:
Sociology, Urban and Rural Studies

This chapter looks at the emergence of ASB as an important issue in Australian policy discourse and housing management practice. It argues that ASB is not a well-established concept in Australia. It ... More


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