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Kant and Welfare

Alexander Kaufman

in Welfare in the Kantian State

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198294672
eISBN:
9780191599637
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294670.003.0002
Subject:
Political Science, Political Theory

Two formal arguments in favour of the traditional (libertarian) interpretation of Kant's political thought remain influential. The first argument asserts that Kant's metaphysical principles of right ... More


The (Ir)rationality of Torah

Christine Hayes

in What's Divine about Divine Law?: Early Perspectives

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691165196
eISBN:
9781400866410
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691165196.003.0010
Subject:
Religion, Judaism

This chapter continues to explore the rabbinic conception of Mosaic Law in an attempt to discern the extent to which and the manner in which that conception may have been informed by Greco-Roman ... More


Introduction: Liberty Vs. License

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0001
Subject:
Political Science, Political Theory

This chapter places the arguments of the rest of the book into philosophical context. It distinguishes between liberty and licence, identifies the natural law method of given‐if‐then reasoning, and ... More


Political Judgment

Alexander Kaufman

in Welfare in the Kantian State

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198294672
eISBN:
9780191599637
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294670.003.0006
Subject:
Political Science, Political Theory

Kant's argument for ‘man under moral laws’ as the ‘final purpose of creation’, to which all subjective purposiveness in experience must be subordinated, provides the basis for subordinating the ... More


Are Grotius' Ideas Obsolete in an Expanded World?

B. V. A. Röling

in Hugo Grotius and International Relations

Published in print:
1992
Published Online:
November 2003
ISBN:
9780198277712
eISBN:
9780191598890
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198277717.003.0011
Subject:
Political Science, International Relations and Politics

Many of Grotius's ideas are obsolete and even dangerous due to radical changes in the four centuries since his birth. In particular: (1) Technological change can call into question prevailing ... More


Law and Society in Western Legal Theory

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/9780199244676.003.0002
Subject:
Law, Philosophy of Law

This chapter reviews seven basic categories of thought in Western social and legal theory on the relationship between law and society: classical legal theory, natural law tradition, legal positivist ... More


Introduction: The Grey Goose

Garrett Barden and Tim Murphy

in Law and Justice in Community

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592685
eISBN:
9780191595653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592685.003.0001
Subject:
Law, Philosophy of Law

The term ‘law’ is usually taken to refer to forms of what is typically called ‘state law’ or ‘positive law’, including constitutional law, enacted legislation, law arising from or associated with the ... More


Law's Positivity in the Natural Law Jurisprudence of Thomas Aquinas

James Bernard Murphy

in The Philosophy of Positive Law: Foundations of Jurisprudence

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300107883
eISBN:
9780300138016
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300107883.003.0003
Subject:
Law, Philosophy of Law

This chapter examines Thomas Aquinas' account of law's positivity. For Aquinas, there is a strict analogy between divine law and human law: both kinds of law are deliberately imposed by a legislator ... More


Positive Law in the Analytical Positivism of John Austin

James Bernard Murphy

in The Philosophy of Positive Law: Foundations of Jurisprudence

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300107883
eISBN:
9780300138016
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300107883.003.0005
Subject:
Law, Philosophy of Law

This chapter examines John Austin's discourse of positive law. It shows that although Austin was in some respects a disciple of Jeremy Bentham, he strays furthest from his master in his discourse of ... More


Laws and Justice

Ingo Gildenhard

in Creative Eloquence: The Construction of Reality in Cicero's Speeches

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199291557
eISBN:
9780191594885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291557.003.0007
Subject:
Classical Studies, Prose and Writers: Classical, Early, and Medieval

This chapter discusses Cicero's positions on legal matters. After a survey that brings various facets of this complex and complicated topic into view, the analysis focuses on how he deals with the ... More


Society, Property, and Commerce

Neil MacCormick

in Practical Reason in Law and Morality

Published in print:
2008
Published Online:
May 2009
ISBN:
9780198268772
eISBN:
9780191713071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268772.003.0008
Subject:
Law, Philosophy of Law

This chapter applies the three principles of equity to the practical domain of positive law. In such applications they transmute into the principles of ‘society, property, and commerce’. Human beings ... More


The Truth in Legal Positivism

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0008
Subject:
Law, Philosophy of Law

This chapter begins with a detailed history of the emergence of the term ‘positive’, in relation to law, in the 12th and 13th centuries, most richly and subtly in Aquinas, whose texts are described ... More


Positive Language and Positive Law in Thomas Hobbes

James Bernard Murphy

in The Philosophy of Positive Law: Foundations of Jurisprudence

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300107883
eISBN:
9780300138016
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300107883.003.0004
Subject:
Law, Philosophy of Law

This chapter examines Thomas Hobbes' account of language and law. Hobbes inherited from the medieval Scholastics a discourse about language and law that is already quite “positivisitic,” in the sense ... More


Fundamental Shifts in the Law-Society Relationship

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/9780199244676.003.0004
Subject:
Law, Philosophy of Law

Fundamental changes have occurred in the way in which theorists talk about and understand the relationship between law and society, changes that have taken centuries to develop and are the result of ... More


Positive Law and Moral Autonomy

Neil MacCormick

in Institutions of Law: An Essay in Legal Theory

Published in print:
2007
Published Online:
January 2009
ISBN:
9780198267911
eISBN:
9780191714832
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267911.003.0015
Subject:
Law, Philosophy of Law

Morality is differentiated from law above all in being normative but not institutional. According to one approach, morality has the important character of enshrining and depending upon the autonomy ... More


The Philosophy of Positive Law: Foundations of Jurisprudence

James Bernard Murphy

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300107883
eISBN:
9780300138016
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300107883.001.0001
Subject:
Law, Philosophy of Law

This book-length study of positive law rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, ... More


The Truth in Legal Positivism

John Finnis

in The Autonomy of Law: Essays on Legal Positivism

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198267904
eISBN:
9780191683404
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267904.003.0007
Subject:
Law, Philosophy of Law

In this chapter, the three types of law are discussed. Natural laws are intrinsic to reason and are never inapplicable. The second type of law refers to that whose relation to natural law is ... More


: Natural, Customary, and Positive Law

James Bernard Murphy

in The Philosophy of Positive Law: Foundations of Jurisprudence

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300107883
eISBN:
9780300138016
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300107883.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter begins by considering the meaning of positive law. It then discusses debates over the relative importance of nature and convention in explaining many kinds of human conduct; ... More


The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement

Mary Ellen O'Connell

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368949
eISBN:
9780199871100
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368949.001.0001
Subject:
Law, Public International Law

International law supports order in the world and the attainment of humanity's fundamental goals of advancing peace, prosperity, human rights, and environmental protection. Yet, there have been ... More


The Law-Society Framework

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/9780199244676.003.0001
Subject:
Law, Philosophy of Law

A formidable threshold task in the project to construct a general jurisprudence is to come up with a characterisation of the law-society relationship. This relationship is too complex and unruly to ... More


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