Journal ArticleDOI
Positivism and the Separation of Law and Morals
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In this paper, the authors defend a view which Mr. Justice Holmes, among others, held and for which he and others have been much criticized, arguing that "the sin of insisting, as Austin and Bentham did, on the separation of law as it is and law as they ought to be".Abstract:
This chapter attempts to defend a view which Mr. Justice Holmes, among others, held and for which he and they have been much criticized. The nonpejorative name "Legal Positivism", like most terms which are used as missiles in intellectual battles, has come to stand for a baffling multitude of different sins. One of them is the sin, real or alleged, of insisting, as Austin and Bentham did, on the separation of law as it is and law as it ought to be. They stood firmly but on their own utilitarian ground for all the principles of liberalism in law and government. The chapter focuses on a distinctively American criticism of the separation of the law that is from the law that ought to be. It emerged from the critical study of the judicial process with which American jurisprudence has been on the whole so beneficially occupied.read more
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Journal ArticleDOI
On Organizational Becoming: Rethinking Organizational Change
Haridimos Tsoukas,Robert Chia +1 more
TL;DR: This paper set out to offer an account of organizational change on its own terms--to treat change as the normal condition of organizational life, by drawing on the work of several organizational ethnographers.
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The Enforcement of Morals
TL;DR: In the United States, the view of law as an instrument for carrying out the moral purposes of its own tradition and those of the society it rules, is a familiar touchstone of orthodox "Liberalism" as discussed by the authors.
Journal ArticleDOI
Regime dynamics: the rise and fall of international regimes
TL;DR: In this article, the dynamics of international regimes are treated as social institutions and three developmental sequences are identified, and the resultant regimes are described as spontaneous orders, negotiated orders, and imposed orders.
Journal ArticleDOI
The Neural Correlates of Third-Party Punishment
Joshua W. Buckholtz,Christopher L. Asplund,Paul E. Dux,David H. Zald,John C. Gore,Owen D. Jones,René Marois +6 more
TL;DR: Activity within regions linked to affective processing predicted punishment magnitude for a range of criminal scenarios and activity in right dorsolateral prefrontal cortex distinguished between scenarios on the basis of criminal responsibility, suggesting that it plays a key role in third-party punishment.