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A Theory of Criminal Law Theories

Michael Moore

in Placing Blame: A Theory of the Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.003.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter develops a theory of what a theory of and area of law, criminal law included, should look like. It describes what kind of thing an area of law might be, and previews the book's ... More


On the Nature of Law

Joseph Raz

in Between Authority and Interpretation: On the Theory of Law and Practical Reason

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562688
eISBN:
9780191705342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562688.003.0004
Subject:
Law, Philosophy of Law

This chapter begins with a discussion of the universality of the theses of the general theory of law. It argues that all successful legal theories are parochial; that success can be obtained only ... More


Hans Kelsen's Pure Theory of Law: Legality and Legitimacy

Lars Vinx

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199227952
eISBN:
9780191711077
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227952.001.0001
Subject:
Law, Philosophy of Law

Hans Kelsen is considered to be one of the founding fathers of modern legal philosophy. But despite Kelsen's prominence as a legal theorist, his political theory has been mostly overlooked. This book ... 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


The Emerging Universal Legal System

Philip Allott

in New Perspectives on the Divide Between National and International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231942
eISBN:
9780191716140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231942.003.0004
Subject:
Law, Public International Law

This chapter presents a perspective that is closer to legal philosophy than legal doctrine. It recognizes that in most States, as a matter of positive law, there is no unity and that international ... More


Laws and Values: Reflections on Method

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/9780198267911.003.0017
Subject:
Law, Philosophy of Law

This chapter considers and seeks to rebut possible objections that might be raised to the methods adopted in this book in relation to the study of law and legal concepts, and to the line it takes ... More


Law and Justice in Community

Garrett Barden and Tim Murphy

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592685
eISBN:
9780191595653
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592685.001.0001
Subject:
Law, Philosophy of Law

This book provides a statement of a general theory of law based on the perspective that ‘law’ exists in all human communities before it is ever posited or in any other sense formally expressed. ... More


Virtue, Rules, and Justice: Kantian Aspirations

Thomas E. Hill, Jr

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199692002
eISBN:
9780191741241
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199692002.001.0001
Subject:
Philosophy, Moral Philosophy, Political Philosophy

This book interprets, explains, and extends Kant's moral theory in a series of chapters that highlight its relevance to contemporary ethics. The book is divided into four sections. The first three ... More


Introduction

Joseph Raz

in Between Authority and Interpretation: On the Theory of Law and Practical Reason

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562688
eISBN:
9780191705342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562688.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter begins with a discussion of theories of law. It argues that it is essential that the law recognizes that its use of power is answerable to moral standards and claims to have ... More


A Pure Theory of Law?

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/9780691141671.003.0002
Subject:
Philosophy, General

This chapter discusses Hans Kelsen's influential attempt to present a “pure” theory of law, and the reasons for its failure. It tries to show that Kelsen's pure theory of law is the most striking—and ... More


The Political Question of the Concept of Law

Liam Murphy

in Hart’s Postscript: Essays on the Postscript to ‘The Concept of Law’

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198299080
eISBN:
9780191685606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299080.003.0011
Subject:
Law, Philosophy of Law

This chapter examines the political and conceptual differences in Herbert Hart's theory of law and Ronald Dworkin's legal theory. It explains that Dworkin's legal theory is justificatory in that it ... More


Hart’s Methodological Positivism

Stephen R. Perry

in Hart’s Postscript: Essays on the Postscript to ‘The Concept of Law’

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198299080
eISBN:
9780191685606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299080.003.0009
Subject:
Law, Philosophy of Law

This chapter aims to distinguish the substantive and methodological legal positivism in Herbert Hart's general theory of law. It explains that legal positivism is the view that there is no necessary ... More


Describing Law Normatively

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/9780199580088.003.0002
Subject:
Law, Philosophy of Law

A fundamental reconsideration of the project of a general theory of law, this chapter argues that no general account can be given of what law in fact is without explicit attention to why it has the ... More


Authority, Conventions, and the Normativity of Law

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/9780691141671.003.0004
Subject:
Philosophy, General

This chapter completes the outlines of a plausible version of legal positivism. It is organized into two parts. The first section discusses some of Joseph Raz's ideas about the nature of practical ... More


Two Views of the Nature of the Theory of Law A Partial Comparison

Joseph Raz

in Hart’s Postscript: Essays on the Postscript to ‘The Concept of Law’

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198299080
eISBN:
9780191685606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299080.003.0001
Subject:
Law, Philosophy of Law

This chapter compares philosophers Herbert Hart and Ronald Dworkin's views on the nature of the theory of law. It aims to explain why Dworkin was wrong to think that Hart and others were concerned ... More


Institutions of Law: An Essay in Legal Theory

Neil MacCormick

Published in print:
2007
Published Online:
January 2009
ISBN:
9780198267911
eISBN:
9780191714832
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267911.001.0001
Subject:
Law, Philosophy of Law

This book offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known ‘institutional theory ... More


Ideology and Law

Hugh Collins

in Marxism and Law

Published in print:
1984
Published Online:
March 2012
ISBN:
9780192851444
eISBN:
9780191670534
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780192851444.003.0003
Subject:
Law, Philosophy of Law

This chapter looks at the problem of consciousness in order to analyse the Marxist explanation of how the ruling class know how to rule, and in particular how they use law as an instrument of class ... More


The Prognosis for Law

Hugh Collins

in Marxism and Law

Published in print:
1984
Published Online:
March 2012
ISBN:
9780192851444
eISBN:
9780191670534
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780192851444.003.0005
Subject:
Law, Philosophy of Law

This chapter considers the most notorious and controversial aspect of the Marxist theory of law: the persistent hostility which Marxists have shown towards law. Two closely related claims have been ... More


Hart’s Semantics

Nicos Stavropoulos

in Hart’s Postscript: Essays on the Postscript to ‘The Concept of Law’

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198299080
eISBN:
9780191685606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299080.003.0003
Subject:
Law, Philosophy of Law

This chapter suggests that Herbert Hart believed that the study of words or semantics is important in the study of law. It argues that Hart relied broadly on semantic considerations in building this ... More


A Political Theory of Law: Escaping The Aporia of the Debate on the Validity of Legal Argument in Public International Law

Ulrich Fastenrath

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0007
Subject:
Law, Public International Law

This chapter conceptualizes the political theory of law as an open system of norms. Neither its elements nor the meaning of its norms are fixed. Thus, the legal order is at no time a bulk of definite ... More


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