Online research in philosophy

In this paper I will argue that, international criminal law constitutes a valid legal system. There is skepticism over the authority of international law; some claim that it is not a genuine legal system, and does not command legal obligation. I will adopt a particular legal positivist position, known as moral attitude positivism, and apply this to an analysis of international criminal law. I will argue that the criteria necessary for a legal system on the positivist account are present in the international system of criminal law. Specifically, I will argue that a ‘rule of recognition’ can be drawn from a variation of the legal norm pacta sunt servanda, and this serves to validate the system as a whole. I conclude that the skeptic is wrong, and that international criminal law should be regarded as a valid legal system, commanding genuine legal authority.

This collection of original papers from distinguished legal theorists offers a challenging assessment of the nature and viability of legal positivism, a branch of legal theory which continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as autonomous? Should law claim autonomy? These and other questions are addressed by the authors in this carefully edited collection, and it will be of interest to all lawyers and scholars interested in legal philosophy and legal theory.

Three paradigms of legal positivism -- The pure theory of law : science or political theory? -- Kelsen's principles of legality -- Kelsen's theory of democracy : reconciliation with social order -- Democratic constitutionalism : Kelsen's theory of constitutional review -- Kelsen's legal cosmopolitanism -- Conclusions : the pure theory of law and contemporary positivism.

Legal Realism Judges ascertain and apply the law. This is what almost everyone would suppose, and legal writers as far apart in their views of law as Sir ...

Ideology and science.--Idealism and realism in jurisprudence.--Symmetry and justice.--Grotius's Doctrine of contract.--Legal positivism and natural law.--Natural law today.--Argumentation and decision.

The adversary system and the practice of law -- The rule of law -- The moral force of law -- Statutes -- Precedents -- Constitutional interpretation -- Natural law and legal positivism: classical perspectives -- Formalism and legal realism -- Morality and the law -- International law -- Law and economics -- The justification of punishment -- The rights of defendants -- Sentencing -- Criminal responsibility -- Compensating for private harms: the law of torts -- Private ownership: the law of property -- Private agreements: the law of contract -- Church and state -- Personal liberty and privacy -- Freedom of speech -- Equality.

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law.

Is the nature of law to be formal procedure or to embody substantive value? This work deals with the traditional conflict in legal philosophy between positivistic and anti-positivistic theories of law. It examines the conflict with respect to seven central issues in legal philosophy--law as a reason for action, law and authority, the internal point of view to law, the acceptance of law, discretion and principle, interpretation and semantics, and law and the common good. This work argues that although this conflict cannot be resolved, the true nature of law is revealed--not obscured--by this perennial situation.

On normative order -- On institutional order-- Law and the constitutional state -- A problem : rules or habits? -- On persons -- Wrongs and duties -- Legal positions and relations : rights and obligations -- Legal relations and things : property -- Legal powers and validity -- Powers and public law : law and politics -- Constraints on power : fundamental rights -- Criminal law and civil society : law and morality -- Private law and civil society : law and economy -- Positive law and moral autonomy -- On law and justice -- Law and values : reflections on method.

Law and Morality has a basic objective: to analye interrelations between positive and intuitive law.