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Normativity and Norms: Critical Perspectives on Kelsenian Themes

Stanley L. Paulson (ed.)

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198763154
eISBN:
9780191695209
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763154.001.0001
Subject:
Law, Philosophy of Law

Hans Kelsen's efforts in the areas of legal philosophy and legal theory are considered by many scholars of law to be the most influential thinking of recent years. This book makes available some of ... More


Introduction

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/9780691141671.003.0001
Subject:
Philosophy, General

This introductory chapter begins with a discussion of the concept of legal validity and the three main schools of thought have emerged in response to the general questions concerning the conditions ... More


The Hypothesis of the Basic Norm: Hans Kelsen and Hermann Cohen *

Geert Edel

in Normativity and Norms: Critical Perspectives on Kelsenian Themes

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198763154
eISBN:
9780191695209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763154.003.0010
Subject:
Law, Philosophy of Law

This chapter first considers the most important of Kelsen's own express statements of a connection between his legal theory and the philosophy of Cohen. It then argues that Cohen's interpretations of ... More


Legal Validity *

Joseph Raz

in The authority of law: Essays on law and morality

Published in print:
1979
Published Online:
March 2012
ISBN:
9780198253457
eISBN:
9780191681400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198253457.003.0008
Subject:
Law, Philosophy of Law

For a rule to become a legal rule, it has to be legally valid. For a law to become a legal law, it has to be legally valid. Similarly, a valid rule is a rule and an invalid rule is not a rule. This ... More


Some Confusions surrounding Kelsen's Concept of Validity *

Carlos Santiago Nino

in Normativity and Norms: Critical Perspectives on Kelsenian Themes

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198763154
eISBN:
9780191695209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763154.003.0013
Subject:
Law, Philosophy of Law

Many writers interested in Kelsen's concept of validity state that it is primarily related to such issues as the identity of a legal system, the membership of particular norms in a legal system, its ... More


Defeasibility and Legal Positivism *

Wilfrid Waluchow J.

in The Logic of Legal Requirements: Essays on Defeasibility

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199661640
eISBN:
9780191745461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661640.003.0016
Subject:
Law, Philosophy of Law

This chapter defends the view that not only defeasibility (or, to be more precise, the different phenomena this word designates) does not pose any serious threat to legal positivism, but also that ... More


Two Models of Legal Validity: Hans Kelsen and Francisco Suárez *

Ernesto Garzón Valdés

in Normativity and Norms: Critical Perspectives on Kelsenian Themes

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198763154
eISBN:
9780191695209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763154.003.0014
Subject:
Law, Philosophy of Law

This chapter undertakes a schematic presentation of Hans Kelsen's position on the problem of the validity of both legal norms and the legal systems constituted by such norms. Section II compares ... 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


Legal Positivism and the Possibility of Moral Criteria of Validity

Kenneth Einar Himma

in Morality and the Nature of Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198723479
eISBN:
9780191790089
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198723479.003.0004
Subject:
Law, Philosophy of Law

This chapter provides an overview of the theses associated with the various forms of legal positivism. It begins with a discussion of the assumption that legal norms and systems have certain ... More


Finnis on Legal and Moral Obligation

Maris Köpcke Tinturé

in Reason, Morality, and Law: The Philosophy of John Finnis

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675500
eISBN:
9780191757228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675500.003.0024
Subject:
Law, Philosophy of Law

This chapter unpacks and evaluates Finnis' intriguing claim that law and legal obligation are ‘isolated’ from moral reasoning. Properly understood, Finnis' idea of law's ‘isolation’ provides a ... More


The Functions of Law

Kenneth M. Ehrenberg

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199677474
eISBN:
9780191758355
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677474.001.0001
Subject:
Law, Philosophy of Law

This book seeks to contribute to a legal positivist picture of law by defending two metaphysical claims about law and investigating their methodological implications. One claim is that the law is a ... More


Legal as a Thick Concept *

David Enoch and Kevin Toh

in Philosophical Foundations of the Nature of Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675517
eISBN:
9780191757280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675517.003.0012
Subject:
Law, Philosophy of Law

Some features of legal judgments suggest that a descriptivist characterization of them would be apt, whereas some other features invite a normativist characterization. A characterization of legal ... More


Legal Positivism and the Sources of Law *

Joseph Raz

in The authority of law: Essays on law and morality

Published in print:
1979
Published Online:
March 2012
ISBN:
9780198253457
eISBN:
9780191681400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198253457.003.0003
Subject:
Law, Philosophy of Law

This chapter explains the reasons for rejecting any approach to the law which assumes that the determination of the legal validity of any standard of conduct involves a moral argument. In it, the ... More


Inclusive Positivism and the Arguments from Authority

Kenneth Einar Himma

in Morality and the Nature of Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198723479
eISBN:
9780191790089
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198723479.003.0005
Subject:
Law, Philosophy of Law

This chapter explores the various tensions that might be thought to arise between the Incorporation Thesis and practical authority. The Incorporation Thesis states that there is a conceptually ... More


Relationships Between Law and Morality

Kenneth Einar Himma

in Morality and the Nature of Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198723479
eISBN:
9780191790089
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198723479.003.0002
Subject:
Law, Philosophy of Law

This chapter distinguishes three types of inquiry about law. It articulates the two conceptual views about morality and the nature of law that comprise the focus of this volume. First, the chapter ... More


Dworkin: Justifying Force and the Right Answer

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/9780199677474.003.0003
Subject:
Law, Philosophy of Law

Dworkin’s explanation of law’s function as the justification of states’ use and withholding of force is explored, relating it to his right-answer thesis and the implication that the law has no gaps. ... More


The Irony of Law

Timothy Endicott

in Reason, Morality, and Law: The Philosophy of John Finnis

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675500
eISBN:
9780191757228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675500.003.0021
Subject:
Law, Philosophy of Law

John Finnis says that central cases of the concepts of social theory fully instantiate values that are instantiated in more-or-less watered-down ways in peripheral cases. This chapter argues that the ... More


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