Search results for 'Hart Devlin debate' (try it on Scholar)

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  1. Peter Cane (2006). Taking Law Seriously: Starting Points of the Hart/Devlin Debate. [REVIEW] Journal of Ethics 10 (1-2):21 - 51.score: 531.0
    The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; (...)
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  2. Gregory Bassham (2012). Legislating Morality: Scoring the Hart-Devlin Debate After Fifty Years. Ratio Juris 25 (2):117-132.score: 360.0
    It has now been more than 50 years since H. L. A Hart and Lord Patrick Devlin first squared off in perhaps the most celebrated jurisprudential debate of the twentieth-century (1959–1967). The central issue in that dispute—whether the state may criminalize immoral behavior as such—continues to be debated today, but in a vastly changed legal landscape. In this article I take a fresh look at the Hart-Devlin debate in the light of five decades of (...)
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  3. H. L. A. Hart (1994). The Concept of Law. Oxford University Press.score: 300.0
    The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned (...)
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  4. William Sweet & Hendrik Hart (2012). Responses to the Enlightenment: An Exchange on Foundations, Faith, and Community. Editions Rodopi.score: 300.0
    Since the time of the Enlightenment in Western Europe, discussions of faith and reason have often pitted the believer against the skeptic, the theist against the atheist, and the person of one faith against the person of no professed faith. But the relation of reason to faith has been a matter of debate among believers as well. There are those who hold that religious faith can be proven or supported by rational argument. Others say that to try to give (...)
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  5. Joel Feinberg (1987). Some Unswept Debris From the Hart-Devlin Debate. Synthese 72 (2):249 - 275.score: 270.0
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  6. Heta Häyry (1991). Liberalism and Legal Moralism: The Hart-Devlin Debate and Beyond. Ratio Juris 4 (2):202-218.score: 270.0
  7. Carl F. Cranor (1983). Bibliographical Essay / the HartDevlin Debate. Criminal Justice Ethics 2 (1):59-65.score: 270.0
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  8. R. Hittinger (1990). The Hart-Devlin Debate Revisited. American Journal of Jurisprudence 35 (1):47-53.score: 270.0
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  9. Duncan J. Richter (2001). Social Integrity and Private 'Immorality'The Hart-Devlin Debate Reconsidered. Essays in Philosophy 2 (2):3.score: 270.0
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  10. R. P. George (1990). Social Cohesion and the Legal Enforcement of Morals: A Reconsideration of the Hart-Devlin Debate. American Journal of Jurisprudence 35 (1):14-46.score: 270.0
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  11. David W. Hart & Jeffery A. Thompson (2006). Untangling the Loyalty Debate. Proceedings of the International Association for Business and Society 17:9-14.score: 240.0
    Loyalty, whether moral duty or dangerous attachment, is a cognitive phenomenon — an attitude that resides in the mind of the individual. In this article, weconsider loyalty from a psychological contract perspective – that is, as an individual-level construction of perceived reciprocal obligations. Viewing loyalty in this way helps clarify definitional inconsistencies, provides a finer-grained analysis of the concept, and sheds additional light on the ethical implications of loyalty in organizations. We present a threetiered framework for conceptualizing loyalty which also (...)
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  12. Jacqueline A. Laing (2004). Law, Liberalism and the Common Good. In D. S. Oderberg & Chappell T. D. J. (eds.), Human Values: New Essays on Ethics and Natural Law. Palgrave Macmillan.score: 180.0
    There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for legal (...)
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  13. Steven Wall (2013). Enforcing Morality. Criminal Law and Philosophy 7 (3):455-471.score: 165.0
    In debating Patrick Devlin, H. L. A. Hart claimed that the “modern form” of the debate over the legal enforcement of morals centered on the “significance to be attached to the historical fact that certain conduct, no matter what, is prohibited by a positive morality.” This form of the debate was politically important in 1963 in Britain and America, and it remains politically important in these countries today and elsewhere; but it is not the philosophically most (...)
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  14. H. L. A. Hart & Ruth Gavison (eds.) (1987). Issues in Contemporary Legal Philosophy: The Influence of H.L.A. Hart. Oxford University Press.score: 150.0
    This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.
     
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  15. H. L. A. Hart, P. M. S. Hacker & Joseph Raz (eds.) (1977). Law, Morality, and Society: Essays in Honour of H. L. A. Hart. Clarendon Press.score: 150.0
    Hacker, P. M. S. Hart's philosophy of law.--Baker, G. P. Defeasibility and meaning.--Dworkin, R. M. No right answer?-Lucas, J. R. The phenomenon of law.--Honoré, A. M. Real laws.--Summers, R. S. Naïve instrumentalism and the law.--Marshall, G. Positivism, adjudication, and democracy.--Cross, R. The House of Lords and the rules of precedent.--Kenny, A. J. P. Intention and mens rea in murder.--Mackie, J. L. The grounds of responsibility.--MacCormick, D. N. Rights in legislation.--Raz, J. Promises and obligations.--Foot, P. R. Approval and disapproval.--Finnis, J. (...)
     
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  16. C. Leah Devlin & P. J. Capelotti (1996). Proximity to Seacoast: G. W. Field and the Marine Laboratory at Point Judith Pond, Rhode Island, 1896-1900. [REVIEW] Journal of the History of Biology 29 (2):251 - 265.score: 120.0
    By the time George Wilton Field concluded his work at the marine laboratory his initial scientific concerns had forced him directly into local politics. He pleaded with little success with the community of South Kingstown, and with no success with the town of Narragansett, to create and maintain a permanent breach:Is it not possible for the acute business sense and the broad philanthropy of the community to sweep aside petty, local, and personal jealousies which are now blocking practical progress for (...)
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  17. James G. Hart (2006). James G. Hart. Husserl Studies 22 (2):167-191.score: 120.0
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  18. Kevin Hart & George Aichele (2005). The Word Becomes Text: A Dialogue Between Kevin Hart and George Aichele. In Yvonne Sherwood & Kevin Hart (eds.), Derrida and Religion: Other Testaments. Routledge.score: 120.0
     
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  19. James H. Olthuis, Hendrik M. Vroom, John H. Kok, Dirk H. Th Vollenhoven, Nicholas John Ansell, Stoffel N. D. Francke, Gary R. Shahinian, Jeffrey Dudiak, Lambert Zuidervaart, D. Vaden House, Carroll Guen Hart, Janet Catherina Wesselius & Perry Recker (2002). Philosophy as Responsibility: A Celebration of Hendrik Hart's Contribution to the Discipline. University Press of America.score: 120.0
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  20. Scott J. Shapiro (2007). The "Hart-Dworkin" Debate : A Short Guide for the Perplexed. In Arthur Ripstein (ed.), Ronald Dworkin. Cambridge University Press. 22--49.score: 112.0
    For the past four decades, Anglo-American legal philosophy has been preoccupied – some might say obsessed – with something called the “Hart-Dworkin” debate. Since the appearance in 1967 of “The Model of Rules I,” Ronald Dworkin’s seminal critique of H.L.A. Hart’s theory of legal positivism, countless books and articles have been written either defending Hart against Dworkin’s objections or defending Dworkin against Hart’s defenders. My purpose in this essay is not to declare an ultimate victor; (...)
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  21. Juan Vega Gomez (2014). The Hart‐Fuller Debate. Philosophy Compass 9 (1):45-53.score: 112.0
    I will center the discussion of the Hart-Fuller debate on the five claims Hart mentions might be understood as legal positivisms main tenets: (1) the command theory; (2) the no necessary connection thesis; (3) the methodological claim; (4) the charge of positivism as formalism and the problem of interpretation; and (5) the meta-ethical confusion. In light of these five claims, I will explore whether the exchange of views between Hart and Fuller in 1957 truly amounted to (...)
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  22. H. L. A. Hart (2008). Punishment and Responsibility: Essays in the Philosophy of Law. OUP Oxford.score: 100.0
    This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of (...)
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  23. Juan Vega Gomez (2011). The Hart-Fuller Debate Re-Revisited: A Review of Peter Cane (Ed), The Hart-Fuller Debate in the Twenty-First Century. [REVIEW] Jurisprudence 2 (1):261-271.score: 84.0
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  24. Stephen W. Ball (1984). Bibliographical Essay / Legal Positivism, Natural Law, and the Hart/Dworkin Debate. Criminal Justice Ethics 3 (2):68-85.score: 84.0
  25. Andrew Boon Leong Phang (1990). Jurisprudential Oaks From Mythical Acorns: The Hart-Dworkin Debate Revisited. Ratio Juris 3 (3):385-398.score: 84.0
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  26. Margaret Martin (2012). Cane , Peter , Ed. The Hart-Fuller Debate in the Twenty-First Century Oxford, OR: Hart, 2010. Pp. 360. $75.00 (Cloth). Ethics 122 (4):801-806.score: 84.0
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  27. B. Leiter (2003). Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence. American Journal of Jurisprudence 48 (1):17-51.score: 84.0
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  28. Peter Cane (ed.) (2010). The Hart-Fuller Debate in the Twenty-First Century. Hart Pub..score: 84.0
     
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  29. V. Bradley Lewis (2012). The Hart-Fuller Debate in the Twenty-First Century. Review of Metaphysics 65 (2):411-412.score: 84.0
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  30. D. W. Skubik (1988). Positivism and Polygamy: A Hart/Devlin Redivivus. American Journal of Jurisprudence 33 (1):167-206.score: 84.0
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  31. Wibren Van der Burg (2009). Essentially Ambiguous Concepts and the Fuller-Hart-Dworkin Debate. Archiv Fuer Rechts-Und Sozialphilosphie 95 (3):305-326.score: 84.0
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  32. Ronald Dworkin (ed.) (1977). The Philosophy of Law. Oxford University Press.score: 81.0
    Echoing the debate about the nature of law that has dominated legal philosophy for several decades, this volume includes essays on the nature of law and on law not as it is but as it should be. Wherever possible, essays have been chosen that have provoked direct responses from other legal philosophers, and in two cases these responses are included. Contributors include H.L.A. Hart, R.M. Dworkin, Lord Patrick Devlin, John Rawls, J.J. Thomson, J. Finnis, and T.M. Scanlon.
     
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  33. Simon Lee (1986). Law and Morals: Warnock, Gillick, and Beyond. Oxford University Press.score: 81.0
    An examination of the relationship between law and morals, this wide-ranging book develops themes addressed by Hart and Devlin, relating them to issues and events of current interest. Lee covers such timely concerns as: the Moral Majority; embryo experiments and surrogate motherhood; contraception, children's rights, and parents' rights; informed medical consent; equality and discrimination; and freedom of expression and pornography. Stressing the relevance of these issues to the lives of all of us, Lee argues for broader participation in (...)
     
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  34. Heta Häyry (1992). Legal Paternalism and Legal Moralism: Devlin, Hart and Ten. Ratio Juris 5 (2):191-201.score: 72.0
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  35. Mark S. Nattrass (1993). Devlin, Hart, and the Proper Limits of Legal Coercion. Utilitas 5 (01):91-.score: 72.0
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  36. B. W. Miller (2010). Morals Laws in an Age of Rights: Hart and Devlin at the Supreme Court of Canada. American Journal of Jurisprudence 55 (1):79-103.score: 72.0
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  37. Rodolfo Vázquez (2011). Una Versión "Debil" de la Relación Entre Derecho y Moral : Hart y la Polémica Con Fuller, Devlin y Dworkin. In Granja Castro, Dulce María & Teresa Santiago (eds.), Moral y Derecho: Doce Ensayos Filosóficos. Universidad Autónoma Metropolitana.score: 72.0
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  38. Leslie Green (2013). Should Law Improve Morality? Criminal Law and Philosophy 7 (3):473-494.score: 59.0
    Lawyers and philosophers have long debated whether law should enforce social morality. This paper explores whether law should improve social morality. It explains how this might be possible, and what sort of obstacles, factual and moral, there are to doing so. It concludes with an example: our law should attempt to improve our social morality of sexual conduct.
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  39. Ngaire Naffine (2010). The Common Discourse of Hart and Fuller. In Peter Cane (ed.), The Hart-Fuller Debate in the Twenty-First Century. Hart Pub.. 217--225.score: 46.0
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  40. Reg Naulty (2014). Review of David Bentley Hart, The Experience of God: Being, Consciousness, Bliss. [REVIEW] Sophia 53 (1):159-160.score: 42.0
    The book does not deliver on the bonding with Indian religion suggested by the title. Indian religion gets a few pages on each of being, consciousness, and bliss. The rest of the book is an all out frontal attack on naturalism, or, as Hart mostly says, ‘materialism’, on these topics. However, the book is far from being completely negative. Hart sets out a full account of his own position.He writes clearly and entertainingly, but the book is rather long, (...)
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  41. David-Hillel Ruben (1972). Positive and Natural Law Revisited. Modern Schoolman 49 (May):295-317.score: 36.0
    The debate between Lon Fuller and HLA Hart on the nature of law rests on two views on the connection between law and having a reason for action. Fuller's assumes that to say that something is a law is by itself reason-providing; Hart's view must deny this. If we can identify whether something is a law purely by descriptive criteria, then for something to be a law should not by itself provide an agent with any reason for (...)
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  42. Thomas Søbirk Petersen (2010). New Legal Moralism: Some Strengths and Challenges. [REVIEW] Criminal Law and Philosophy 4 (2):215-232.score: 36.0
    The aim of this paper is to critically discuss the plausibility of legal moralism with an emphasis on some central and recent versions. First, this paper puts forward and defends the thesis that recently developed varieties of legal moralism promoted by Robert P. George, John Kekes and Michael Moore are more plausible than Lord Devlin's traditional account. The main argument for this thesis is that in its more modern versions legal moralism is immune to some of the forceful challenges (...)
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  43. Christopher Bennett (2006). State Denunciation of Crime. Journal of Moral Philosophy 3 (3):288-304.score: 36.0
    In this paper I am concerned with a problem for communicative theories of punishment. On such theories, punishment is justified at least in part as the authoritative censure or condemnation of crime. But is this compatible with a broadly liberal political outlook? For while liberalism is generally thought to take only a very limited interest in its citizens’ attitudes (seeing moral opinion as a matter of legitimate debate), the idea of state denunciation of crime seems precisely to be focused (...)
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  44. Mario Ricciardi (2013). Morality, Law and the Fair Distribution of Freedom. Criminal Law and Philosophy 7 (3):531-548.score: 36.0
    Hart’s criticism of Devlin’s stance on the legal enforcement of morality has been highly influential in shaping a new liberal sensibility and in paving the way to many important legal reforms in the UK. After 50 years it is perhaps time to go back to Law, Liberty and Morality to see it in the perspective of the general evolution of Hart’s thought since the early 50s. This is a period of extraordinary creativity for the Oxford philosopher, in (...)
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  45. Brian Leiter (2007). Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy. Oxford University Press.score: 28.0
    Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, 2001) -- Why Quine is not a postmodernist (...)
     
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  46. Philip Pettit (2010). How Norms Become Normative. In Peter Cane (ed.), The Hart-Fuller Debate in the Twenty-First Century. Hart Pub.. 227--247.score: 28.0
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  47. Robert Young (2013). 'Debating the Morality and Legality of Medically Assisted Dying'. Critical Notice of Emily Jackson and John Keown, Debating Euthanasia. Oxford: Hart Publishing, 2012. [REVIEW] Criminal Law and Philosophy 7 (1):151-160.score: 26.0
    In this Critical Notice of Emily Jackson and John Keown’s Debating Euthanasia , the respective lines of argument put forward by each contributor are set out and the key debating points identified. Particular consideration is given to the points each contributor makes concerning the sanctity of human life and whether slippery slopes leading from voluntary medically assisted dying to non-voluntary euthanasia would be established if voluntary medically assisted dying were to be legalised. Finally, consideration is given to the positions adopted (...)
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  48. Wilfrid J. Waluchow (1994). Inclusive Legal Positivism. Oxford University Press.score: 24.0
    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 (...)
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  49. Michael D. Bayles (1982). Character, Purpose, and Criminal Responsibility. Law and Philosophy 1 (1):5 - 20.score: 24.0
    This paper explores analyzing criminal responsibility from the Humean position that blame is for character traits. If untoward acts indicate undesirable character traits, then the agent is blameworthy; if they do not, then the actor is not blameworthy — he has an excuse. A distinctive feature of this approach is that that voluntariness of acts is irrelevant to determining blameworthiness.This analysis is then applied to a variety of issues in criminal law. Mens supports inferences to character traits, and the Humean (...)
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  50. Kenneth Simons (2011). When is Negligent Inadvertence Culpable? Criminal Law and Philosophy 5 (2):97-114.score: 24.0
    Doug Husak suggests that sometimes an actor should be deemed reckless, and not merely negligent, with respect to the risks that she knowingly created but has forgotten at the moment of action. The validity of this conclusion, he points out, depends crucially on what it means to be aware of a risk. Husak’s neutral prompt and counterfactual actual belief criteria are problematic, however. More persuasive is his suggestion that we understand belief, in this moral and criminal law context, as a (...)
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