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Ethics and Common Sense

MARCUS GEORGE SINGER

in The Ideal of a Rational Morality: Philosophical Compositions

Published in print:
2003
Published Online:
October 2011
ISBN:
9780198250210
eISBN:
9780191681264
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198250210.003.0005
Subject:
Philosophy, Moral Philosophy

This chapter explores the relations between ethics and common sense. It argues that (1) common sense is essential to ethics, but not sufficient for it; ... More


Law and 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:
10.1093/0198250231.003.0007
Subject:
Philosophy, Moral Philosophy

In this chapter, first published in The Elements of Politics, Sidgwick outlines his conception of positive morality, that is, the commonsense morality generally accepted within a society. He then ... More


The General Norms of Positive Morality and Positive Law are always Hypothetical

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/9780198252177.003.0005
Subject:
Law, Philosophy of Law

For every conditional norm, there is a statement about the occurrence of the act of which the conditional norm is the meaning, such as ‘God commanded that if someone makes a promise he is to keep it’ ... More


Hart as a Political Philosopher

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/9780199580088.003.0012
Subject:
Law, Philosophy of Law

After a brief appreciation of Hart's life and virtues, this chapter contrasts his legal-theoretical work with conceptions of method and political philosophy dominant between 1945 and 1960. Hart's ... More


Morality, Positive and Critical

in H.L.A. Hart, Second Edition

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756785
eISBN:
9780804779562
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756785.003.0005
Subject:
Law, Philosophy of Law

The term “rules” may be applied for certain standards of conduct. In an essay on “Legal and Moral Obligation” in which he criticized what he believed to be extremely 'protestant' in R. M. Hare's ... More


The Condition and Effect of Human Behaviour as Content of Norms

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/9780198252177.003.0024
Subject:
Law, Philosophy of Law

If human behaviour is called the object of a norm, it is in the sense that human behaviour is decreed to be obligatory in the norm. This does not mean that the norm is concerned only with human ... More


Constitutional Convention: Practice and Principle

T. R. S. Allan

in The Sovereignty of Law: Freedom, Constitution and Common Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199685066
eISBN:
9780191765353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685066.003.0002
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

A lawyerly account of convention, explaining the nature and role of constitutional conventions, must be an interpretation of political practice. It cannot be merely a neutral description of ... More


The Theory of Convention Since Dicey

Geoffrey Marshall

in Constitutional Conventions: The Rules and Forms of Political Accountability

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198762027
eISBN:
9780191695179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198762027.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter begins with a discussion on obedience to conventions. The author cites several writers such as Dicey and Sir Ivor Jennings and presents their views towards the explanation of obedience ... More


Republican Contract Law

Prince Saprai

in Contract Law Without Foundations: Toward a Republican Theory of Contract Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198779018
eISBN:
9780191824050
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198779018.003.0004
Subject:
Law, Company and Commercial Law

This chapter distinguishes two accounts of how and why areas of law are individuated. The first view, ‘conventionalism’, says that individuation serves epistemic ends. Conventionalists claim that ... More


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