BookDOI
Philosophical Foundations of the Nature of Law
Wilfrid J. Waluchow,Stefan Sciaraffa +1 more
- pp 183
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In this article, the authors argue that the authority of law's authority is not a claim to preemption, but rather a natural consequence of the nature of law and legal rationality.Abstract:
PART I. FURTHERING DEBATE BETWEEN THE LEADING THEORIES OF LAW 1. The Explanatory Indispensability of Weak Natural Law Theory 2. In Defense of Hart 3. Law's Authority Is Not a Claim to Preemption 4. The Normative Fallacy Regarding Law's Authority 5. The Nature of Law and Legal Rationality: Towards an Integrative Jurisprudence PART II. THE POWER OF LEGAL SYSTEMS 6. Law as Power: Two Rule of Law Requirements 7. Hart and Austin Together Again for the First Time: Coercive Enforcement and the Theory of Legal Obligation 8. Law and the Entitlement to Coerce PART III. CONCEPTUAL ANALYSIS 9. Farewell to Conceptual Analysis (in Jurisprudence) 10. What Do We Want Law to Be? Philosophical Analysis and the Concept of Law PART IV. NEW DIRECTIONS 11. Legal as a Thick Concept 12. Making Old Questions New: Law, Legal System, and State 13. Legal Disagreements and the Dual Nature of Law 14. One Right Answer? The Meta Editionread more
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Law's Empire
W. Wesley Pue,Rob McQueen +1 more
TL;DR: McQueen et al. as mentioned in this paper presented a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby.
DissertationDOI
Le concept de système juridique et l’argumentation de la Cour de justice de l’Union européenne
Journal ArticleDOI
Negotiating the meaning of “law”: the metalinguistic dimension of the dispute over legal positivism
TL;DR: The authors argue that participants in legal positivism debate are sometimes arguing about what they should mean by the word "law" in the context at hand, and argue that philosophers involved in this dispute sometimes employ distinct concepts when they use the term 'law' and pick out different things in the world using these concepts.
Journal ArticleDOI
Law Is the Command of the Sovereign: H. L. A. Hart Reconsidered
TL;DR: In this paper, a critical reevaluation of Hart's argument that state coercion is not logically essential to the definition of law is presented, and the author argues that even laws governing contracts must ultimately be understood as "commands of the sovereign, backed by force".
References
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Book
Ethics and the Limits of Philosophy
TL;DR: The Routledge Classics Edition Preface 1. Socrates' Question 2.The Archimedian Point 3. Foundations: Well-Being 4. Style of Ethical Theory 5. Theory and Prejudice 7. The Linguistic Turn 8. Knowledge, Science, Convergence 9. Relativism and Reflection as mentioned in this paper.
Posted Content
Law's Empire
W. Wesley Pue,Rob McQueen +1 more
TL;DR: McQueen et al. as mentioned in this paper presented a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby.
Book
Law's Empire
TL;DR: Law's Empire as mentioned in this paper provides a judicious and coherent introduction to the place of law in our lives, its given authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce.
Journal ArticleDOI
Ethics and the Limits of Philosophy
Alan Gewirth,Bernard Williams +1 more
TL;DR: The Routledge Classics Edition Preface 1. Socrates' Question 2.The Archimedian Point 3. Foundations: Well-Being 4. Style of Ethical Theory 5. Theory and Prejudice 7. The Linguistic Turn 8. Knowledge, Science, Convergence 9. Relativism and Reflection as discussed by the authors.
Book
Natural Law and Natural Rights
TL;DR: In this paper, the basic requirements of practical reasonableness of a law are described and evaluated, and a basic form of good: knowledge, community, communities, and common good.