David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Oxford University Press (1994)
This book develops a general philosophical theory about the nature of law and its relationship with morality called inclusive legal positivism. In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to appreciate that different theorists are offering different kinds of theories and attempting to answer different questions. The clarity of Waluchow's work will help to remove the confusion often present in jurisprudential debate.
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Citations of this work BETA
Kevin Toh (2008). An Argument Against the Social Fact Thesis (and Some Additional Preliminary Steps Towards a New Conception of Legal Positivism). Law and Philosophy 27 (5):445 - 504.
Torben Spaak (2014). Alf Ross on the Concept of a Legal Right. Ratio Juris 27 (4):461-476.
Svein Eng (2011). Lost in the System or Lost in Translation? The Exchanges Between Hart and Ross. Ratio Juris 24 (2):194-246.
Kenneth M. Ehrenberg (2011). Critical Reception of Raz's Theory of Authority. Philosophy Compass 6 (11):777-785.
Kevin Toh (2010). The Predication Thesis and a New Problem About Persistent Fundamental Legal Controversies. Utilitas 22 (03):331-350.
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