Search results for 'law and morality' (try it on Scholar)

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  1. George Law (1925). Pluralistic Morality. Pacific Philosophical Quarterly 6 (3):168.
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  2.  82
    David Copp (1998). International Law and Morality in the Theory of Secession. Journal of Ethics 2 (3):219-245.
    In order responsibly to decide whether there ought to be an international legal right of secession, I believe we need an account of the morality of secession. I propose that territorial and political societies have a moral right to secede, and on that basis I propose a regime designed to give such groups an international legal right to secede. This regime would create a procedure that could be followed by groups desiring to secede or by states desiring to resolve (...)
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  3.  5
    Dejan Stankovic (2002). Law and Morality in Contemporary Philosophy of Law. Filozofija I Društvo 19:203-212.
    In this paper, author tries to analyze complex character of the relation between law and morality in contemporary law philosophy. There are three approaches to the issue of relation between law and morality: natural law theory , positivist and Anglo-American analytical jurisprudence . The identity thesis-law and morality are basically identical, although basic principles of morality are subordinated to the positive legal rules; the separation thesis-law and morality are quite different system of norms: positive legal (...)
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  4.  7
    Adil Ahmad Haque (2014). Law and Morality at War. Criminal Law and Philosophy 8 (1):79-97.
    Through a critical engagement with Jeremy Waldron’s work, as well as the work of other writers, I offer an account of the relative scope of the morality of war, the laws of war, and war crimes. I propose an instrumentalist account of the laws of war, according to which the laws of war should help soldiers conform to the morality of war. The instrumentalist account supports Waldron’s conclusion that the laws of war justifiably prohibit attacks on civilians even (...)
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  5. Joseph Raz (2003). About Morality and the Nature of Law. American Journal of Jurisprudence 48 (1):1-15.
    In support of my longstanding claim that the traditional divide between natural law and legal positivist theories of law, the present paper explores a variety of necessary connections between law and morality which are consistent with theories of law traditionally identified as positivist.
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  6.  25
    Norbert Paulo (2015). Casuistry as Common Law Morality. Theoretical Medicine and Bioethics 36 (6):373-389.
    This article elaborates on the relation between ethical casuistry and common law reasoning. Despite the frequent talk of casuistry as common law morality, remarks on this issue largely remain at the purely metaphorical level. The article outlines and scrutinizes Albert Jonsen and Stephen Toulmin’s version of casuistry and its basic elements. Drawing lessons for casuistry from common law reasoning, it is argued that one generally has to be faithful to ethical paradigms. There are, however, limitations for the binding force (...)
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  7.  45
    Roger Cotterrell (2000). Common Law Approaches to the Relationship Between Law and Morality. Ethical Theory and Moral Practice 3 (1):9-26.
    How are general relations of law and morality typically conceived in an environment of Anglo-saxon common law? This paper considers some classical common law methods and traditions as these have confronted and been overlaid with modern ideas of legal positivism. While classical common law treated a community and its morality as the cultural foundation of law, legal positivism's analytical separation of law and morals, allied with liberal approaches to legal regulation, have made the relationship of legal and moral (...)
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  8.  51
    José Antonio Marina (2000). Genealogy of Morality and Law. Ethical Theory and Moral Practice 3 (3):303-325.
    In order to clarify the relationship between morality and law, it is necessary to define both concepts precisely. Cultural realities refer to concepts which are more specifically defined if we focus towards the genealogy of those realities, that is to say, their motivation, function and aim. Should we start from legal anthropology, comparative law and history of law, law arises as a social technique which coactively imposes ways of solving conflicts, protecting fundamental values for a society's co-existence. Values subject (...)
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  9. P. M. S. Hacker & Joseph Raz (eds.) (1977). Law, Morality and Society: Essays in Honour of H.L.A Hart. OUP Oxford.
    Law, Morality and Society Essays in Honour of H.L.A Hart.
     
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  10.  10
    Baudouin Dupret (2011). Adjudication in Action: An Ethnomethodology of Law, Morality and Justice. Ashgate.
    Law and morality : constructs and models -- The morality of cognition : the normativity of ordinary reasoning -- Law in action : a praxeological approach to law and justice -- Law in context : legal activity and the institutional context -- Procedural constraint : sequentiality, routine, and formal correctness -- Legal relevance : the production of factuality and legality -- From law in the books to law in action : egyptian criminal law between doctrine, case law, jurisprudence, (...)
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  11.  8
    Karl Persson (2012). Why Bariatric Surgery Should Be Given High Priority: An Argument From Law and Morality. [REVIEW] Health Care Analysis (4):1-20.
    In recent years, bariatric surgery has become an increasingly popular treatment of obesity. The amount of resources spent on this kind of surgery has led to a heated debate among health care professionals and the general public, as each procedure costs at minimum $14,500 and thousands of patients undergo surgery every year. So far, no substantial argument for or against giving this treatment a high priority has, however, been presented. In this article, I argue that regardless which moral perspective we (...)
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  12. Joseph Raz (1994). Ethics in the Public Domain: Essays in the Morality of Law and Politics. Oxford University Press.
    In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. (...)
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  13.  23
    Scott J. Shapiro (2000). Law, Morality, and the Guidance of Conduct. Legal Theory 6 (2):127-170.
    Legal positivism is generally characterized by its commitment to two theses Separability Thesis,” denies any necessary connection between morality and legality. Legal positivists do not require that a norm possess any desirable, or lack any undesirable, moral attributes in order to count as law.
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  14.  78
    Robert Alexy (2012). Law, Morality, and the Existence of Human Rights. Ratio Juris 25 (1):2-14.
    In the debate between positivism and non-positivism the argument from relativism plays a pivotal role. The argument from relativism, as put forward, for instance, by Hans Kelsen, says, first, that a necessary connection between law and morality presupposes the existence of absolute, objective, or necessary moral elements, and, second, that no such absolute, objective, or necessary moral elements exist. My reply to this is that absolute, objective, or necessary moral elements do exist, for human rights exist, and human rights (...)
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  15.  11
    M. Cathleen Kaveny (2005). Between Example and Doctrine Contract Law and Common Morality. Journal of Religious Ethics 33 (4):669-695.
    In "Democracy and Tradition," Jeffrey Stout contends that American constitutional democracy constitutes a well-functioning moral and political tradition that is not hostile to religion, although it does not depend on any specifically religious claims. I argue that Stout's contention is supported by a consideration of the great common law subject of contracts, as taught to first-year law students across the United States. First, I demonstrate how contract law can fruitfully be understood as a Maclntyrean tradition. Second, I illustrate the moral (...)
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  16.  17
    Paul Johnson, Ordinary Folk and Cottaging: Law, Morality, and Public Sex.
    The Sexual Offences Act 2003 introduced a new statutory offence of "sexual activity in a public lavatory" into English law. Although written as a gender-neutral offence, the statute was formulated and enacted on the basis of concerns about male homosexual sexual activity in public lavatories ("cottaging"). This paper examines the justifications for, and implications of, the legislation. It considers the main arguments made in support of the offence and situates these within established moral, legal, and social debates about homosexuality. The (...)
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  17.  4
    T. A. Roberts (1984). Law, Morality and Religion in a Christian Society. Religious Studies 20 (1):79 - 98.
    The publication in 1957 of the Wolfenden Report occasioned a celebrated controversy in which profound theoretical issues concerning the relation between law and morality, and the legal enforcement of morality were discussed. The principal disputants were Lord Justice Devlin and Professor H. L. A. Hart. It is by now well known that the main recommendation of the Wolfenden Report was the reform of the criminal law so that homosexual behaviour in private between consenting male adults should no longer (...)
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  18.  1
    Özlem Çaykent (2004). Enlightened Conservatism: John Galt on Law, Morality and Human Nature. History of European Ideas 30 (2):183-196.
    The Scottish historical novelist, John Galt assumed that the origins of law rested on the anarchistic and primitive nature of human beings, who formed a society on a contractual basis out of the need for security. Although generally agreeing with enlightenment thinkers on the formation of society, law and human nature a divergence in Galt's thought appeared in the secular treatment of crimes. Adhering to prevalent Christian notions about sin and crime, Galt rejected a clear distinction between the two, and (...)
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  19.  1
    Richard Mullender (2009). Law, Morality and the Egalitarian Philosophy of Government. Oxford Journal of Legal Studies 29 (2):389-411.
    Herbert Hart and the positivists influenced by him have, according to Nigel Simmonds, deflected attention from the question that has always been at the heart of philosophical reflection on law. This question concerns the relationship between law and morality and how we should understand it. Simmonds argues that law and morality are necessarily related and seeks to explain their relationship by reference to an archetype that actually existing legal institutions approximate more or less adequately. He identifies this archetype (...)
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  20. Jeffrie G. Murphy (2014). Punishment and the Moral Emotions: Essays in Law, Morality, and Religion. Oxford University Press Usa.
    This collection of essays presents Jeffrie G. Murphy's most recent ideas on punishment, forgiveness, and the emotions of resentment, shame, guilt, remorse, love, and jealousy. In Murphy's view, conscious rationales of principle -- such as crime control or giving others what in justice they deserve -- do not always drive our decisions to punish or condemn others for wrongdoing. Sometimes our decisions are in fact driven by powerful and rather base emotions such as malice, spite, envy, and cruelty. But our (...)
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  21. 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.
    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. M. (...)
     
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  22. Seth Lazar (2012). The Morality and Law of War. In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge 364.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  23.  50
    Leslie Green (2013). Should Law Improve Morality? Criminal Law and Philosophy 7 (3):473-494.
    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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  24.  7
    Barbara Wootton & Basil Mitchell (1968). Law, Morality and Religion in a Secular Society. Philosophical Quarterly 18 (72):280.
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  25. Matthew H. Kramer (2004). Where Law and Morality Meet. Oxford University Press.
    How are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles (...)
     
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  26. William P. Thomas, Richard J. Baumgarth & Regan (1988). On Law, Morality, and Politics. Monograph Collection (Matt - Pseudo).
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  27. Wibren van der Burg & Sanne Taekema (2004). The Importance of Ideals Debating Their Relevance in Law, Morality, and Politics.
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  28. Meir Dan-Cohen (2002). Harmful Thoughts: Essays on Law, Self, and Morality. Princeton University Press.
    In these writings by one of our most creative legal philosophers, Meir Dan-Cohen explores the nature of the self and its response to legal commands and mounts a challenge to some prevailing tenets of legal theory and the neighboring moral, political, and economic thought. The result is an insider's critique of liberalism that extends contemporary liberalism's Kantian strand, combining it with postmodernist ideas about the contingent and socially constructed self to build a thoroughly original perspective on some of the most (...)
     
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  29.  39
    Gerald Dworkin (ed.) (1994). Morality, Harm, and the Law. Westview Press.
    Some of the most difficult and wrenching social and political issues in U.S. society today are about the relationship between strongly held moral values and the laws of the land. There is no consensus about whether the law should deal with morality at all, and if it is to do so, there is no agreement over whose morality is to be reflected in the law.In this compact and carefully edited anthology, Gerald Dworkin presents the readings necessary for an (...)
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  30.  17
    Klaus Gunther (1993). The Sense of Appropriateness: Application Discourses in Morality and Law. State University of New York Press.
    In the third and fourth parts of the book, Günther shows--in debate with Hare, Dworkin, and others--how argumentation on the appropriate application of norms and principles in morality and law is possible.
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  31.  30
    Kent Greenawalt (1987). Conflicts of Law and Morality. Oxford University Press.
    Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. This objective book views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether (...)
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  32.  29
    Jeffrie G. Murphy (2012). Punishment and the Moral Emotions: Essays in Law, Morality, and Religion. OUP Usa.
    The essays in this collection explore, from philosophical and religious perspectives, a variety of moral emotions and their relationship to punishment and condemnation or to decisions to lessen punishment or condemnation.
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  33. R. P. Peerenboom (1990). Law and Morality in Ancient China: The Silk Manuscripts of Huang-Lao. Dissertation, University of Hawai'i
    The 1973 archeological discovery of important documents of classical thought known as the Huang-Lao Boshu coupled with advancements in contemporary jurisprudence make possible a reassessment of the philosophies of pre-Qin and early Han China. This study attempts to elucidate the importance of the Huang-Lao school within the intellectual tradition of China through a comparison of the Boshu's philosophical position, particularly its understanding of the relation between law and morality, with the respective views of major thinkers of the period--Confucius, Han (...)
     
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  34. John Finnis (1995). Law, Morality, and "Sexual Orientation". Notre Dame Journal of Law, Ethics and Public Policy 9 (1):11-40.
  35. Richard A. Wasserstrom (1971). Morality and the Law. Belmont, Calif.,Wadsworth Pub. Co..
    On liberty, by J. S. Mill.--Morals and the criminal law, by P. Devlin.--Immorality and treason, by H. L. A. Hart.--Lord Devlin and the enforcement of morals, by R. Dworkin.--Sins and crimes, by A. R. Louch.--Morals offenses and the model penal code, L. B. Schwartz.--Paternalism, by G. Dworkin.--Four cases involving the enforcement of morality: Shaw v. Director of Public Prosecutions; People v. Cohen; Repouille v. United States; Commonwealth v. Donoghue.--Bibliography (p. 149).
     
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  36.  9
    Lori Gruen & George Panichas (eds.) (1996). Sex, Morality, and the Law. Routledge.
    Sex, Morality, and the Law combines legal and philosophical arguments to focus on six controversial topics; homosexual sex, prostitution, pornography, abortion, sexual harassment, and rape. Suitable for use in several disciplines at both undergraduate and graduate levels, this anthology includes critical court decisions and essays representing a diversity of conservative, liberal, and feminist positions.
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  37. John-Michael Kuczynski (2010). Morality, Politics, and Law. Kendall Hunt Publishing.
    It is argued (a) that laws are assurances of protections of rights and (b) that governments are protectors of rights. Lest those assurances be empty and thus not really be assurances at all, laws must be enforced and governments must therefore have the power to coerce. For this reason, the government of a given region tends to have, as Max Weber put it, a "monopoly on power" in that region. And because governments are power-monopolizers, it is tempting to think that (...)
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  38. Herlinde Pauer-Studer (2012). Law and Morality Under Evil Conditions. The SS Judge Konrd Morgen. Jurisprudence 3 (2):367-390.
    In Anglo-American legal theory the lack of morality was often considered as the main problem of Nazi law. Bringing law and morality together thus seems to meet the challenge posed by the Nazi legal system. In this paper I argue that the mere unification of law and morality is not sufficient to cope with the distortions of Nazi law. By discussing the framework of the SS-jurisdiction and the case of the SS-judge Konrad Morgen I try to show (...)
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  39. Michael J. Perry (1990). Morality, Politics, and Law: A Bicentennial Essay. OUP Usa.
    `What is the proper relation of moral and religious beliefs to politics and law, especially in a society that, like the United States, is morally and religiously pluralistic?' In Morality, Politics, and Law, noted constitutional theorist Michael Perry answers this fundamental question, criticizing the vision of constitutional adjudication and defending a more liberal philosophy of constitutional interpretation.
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  40.  32
    Leon Petrażycki (2010). Law and Morality. Translation Publishers.
    Law and Morality has a basic objective: to analye interrelations between positive and intuitive law.
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  41.  62
    Bruce Wells (forthcoming). Book Review: To Kill and Take Possession: Law, Morality, and Society in Biblical Stories. [REVIEW] Interpretation 59 (1):104-104.
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  42.  6
    Christopher D. Stone (2010). Should Trees Have Standing?: Law, Morality, and the Environment. OUP Usa.
    Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, (...)
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  43. N. H. G. Robinson (1953). Natural Law, Morality and the Divine Will. Philosophical Quarterly 3 (10):23-32.
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  44.  5
    P. M. S. Hacker & J. Raz (1978). Law, Morality and Society. O.U.P.
    Collection of essays around the work of H.L.A. Hart.
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  45.  27
    Aleksander Peczenik (1994). Law, Morality, Coherence and Truth. Ratio Juris 7 (2):146-176.
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  46.  19
    Gerhard Pfafferott (1991). Ethics on the Testing-Bench. An Empirical Foundation of Law, Morality and Justice, and a Critique of Political Aesthetics. Philosophy and History 24 (1/2):23-24.
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  47. Peter Koller (2007). Law, Morality, and Virtue. In Rebecca L. Walker & P. J. Ivanhoe (eds.), Working Virtue: Virtue Ethics and Contemporary Moral Problems. Oxford University Press
     
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  48.  20
    Jeffrie G. Murphy (2013). A Failed Refutation and an Insufficiently Developed Insight in Hart's Law, Liberty, and Morality. Criminal Law and Philosophy 7 (3):419-434.
    H. L. A. Hart, in his classic book Law, Liberty, and Morality, is unsuccessful in arguing that James Fitzjames Stephen’s observations about the role of vice in criminal sentencing have no relevance to a more general defense of legal moralism. He does, however, have a very important insight about the special significance of sexual liberty.
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  49. Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
    Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...)
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  50.  17
    Mario Ricciardi (2013). Morality, Law and the Fair Distribution of Freedom. Criminal Law and Philosophy 7 (3):531-548.
    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 which (...)
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