Search results for 'legality' (try it on Scholar)

337 found
Order:
  1.  4
    Ashley Pearson & Kieran Tranter (2015). Code, Nintendo’s Super Mario and Digital Legality. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (4):825-842.
    The rise of technology in controlling and performing legal processes has created a new digital legality, signalling a transformation of law from an analog paper-based interpretative activity to an autonomous system governed by the rigidity and speed of code. This emerging digital legality converts life and living to data to be processed and catalogued. This process is exemplified and normalised within video games making them important cultural artefacts through which to identify the features and anxieties of digital (...). While video games have so far gone unrepresented in cultural legal theory, this article uses the iconic video game franchise of Super Mario to unlock the emerging features and anxieties of digital legality as involving rigidity, speed and the normalisation of self as data. (shrink)
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  2.  15
    Hans Lindahl (2008). Border Crossings by Immigrants: Legality, Illegality, and Alegality. Res Publica 14 (2):117-135.
    What happens to the concept of security if legal disorder manifests itself not only as illegal behavior but also as alegal behavior—acts that challenge the very distinction between legality and illegality, as drawn by a political community? Focusing on European immigration policy, this paper examines how the distinction between illegal and alegal acts critically illuminates the relation between collective (in)security and the concept of legal (dis)order. It concludes by arguing that this distinction sheds new light on the systematic relation—and (...)
    Direct download (5 more)  
     
    Export citation  
     
    My bibliography   3 citations  
  3.  22
    François Tanguay-Renaud (2010). The Intelligibility of Extralegal State Action: A General Lesson for Debates on Public Emergencies and Legality. Legal Theory 16 (3):161-189.
    Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen, and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and, ultimately, contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  4.  11
    Tatjana Gajic (2008). Francoist Legality: On the Crisis of Authority and the Limits of Liberalism in Jesús Fueyo and José Ortega y Gasset. The European Legacy 13 (2):161-174.
    This paper focuses on a crucial and insufficiently examined issue of the conflict between legality and legitimacy, seen as a key element in securing continuity and providing the intellectual justification of the Francoist regime. Without analyzing the tension between legality and legitimacy, it is impossible to comprehend and successfully dismantle the thesis of the regime's intellectuals, recently revitalized by revisionist historians, according to which Francoism succeeded in re-establishing historical continuity and political normalcy in Spanish society. In the context (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  5.  4
    Cindy Holder (2016). Transition, Trust and Partial Legality: On Colleen Murphy’s A Moral Theory of Political Reconciliation. Criminal Law and Philosophy 10 (1):153-164.
    In A Moral Theory of Political Reconciliation Colleen Murphy develops a rich and potentially transformative account of political reconciliation. The potential of this account is not fully realized because of limitations in how Murphy conceptualizes political relationships. For example, group-differentiated integration into states opens up important questions about partial legality and group-differentiated experiences of repression that Murphy does not address. However, Murphy’s framework is well-suited to take up these questions, once they are acknowledged, and this is an important strength (...)
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  6.  90
    Scott Shapiro (2011). Legality. Harvard University Press.
    What is law (and why should we care)? -- Crazy little thing called "law" -- Austin's sanction theory -- Hart and the rule of recognition -- How to do things with plans -- The making of a legal system -- What law is -- Legal reasoning and judicial decision making -- Hard cases -- Theoretical disagreements -- Dworkin and distrust -- The economy of trust -- The interpretation of plans -- The value of legality.
    Direct download  
     
    Export citation  
     
    My bibliography   21 citations  
  7. John Gardner (2010). Hart on Legality, Justice and Morality. Jurisprudence 1 (2):253-265.
    HLA Hart has sometimes been associated with the false proposition that there is 'no necessary connection between law and morality'. Nigel Simmonds is the latest critic to make the association. He offers an 'ironic' interpretation of a famous passage in Hart's The Concept of Law in which the proposition is apparently rejected as false by Hart. In this paper I explain why, even if Simmonds's ironic interpretation is tenable, it does not associate Hart with the proposition in the way that (...)
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  8.  77
    Lars Vinx (2007). Hans Kelsen's Pure Theory of Law: Legality and Legitimacy. Oxford University Press.
    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.
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography   2 citations  
  9.  4
    Keith Charles Culver (2010). Legality's Borders: An Essay in General Jurisprudence. Oxford University Press.
    Imbalance in analytical legal theory's approach to prima facie legal phenomena : re-balancing after imbalance : an incremental addition to analytical legal theory -- Legal officials, the rule of recognition, and international law -- The hierarchical view of legal system and non-state legality -- Meta-theoretical-evaluative motivations -- An inter-institutional theory -- An inter-institutional account of non-state legality -- Pathologies of legality : novel technologies and their implications for conceptions of legality : the consequences of re-socializing a (...)
    Direct download  
     
    Export citation  
     
    My bibliography   1 citation  
  10. David Dyzenhaus (2010). Hard Cases in Wicked Legal Systems: Pathologies of Legality. Oxford University Press Uk.
    The idea of a wicked legal system, one whose laws have been made the instrument of a repugnant moral ideology, continues to play an important part in philosophical debates about the nature of law and law's claim to moral authority. It seems to offer support for the argument of legal positivists, who insist on a clear conceptual distinction between legal requirements, deriving from social sources, and moral requirements. Does the existence of wicked legal systems present an insurmountable obstacle to critics (...)
    No categories
     
    Export citation  
     
    My bibliography   1 citation  
  11.  24
    Peter Westen (2007). Two Rules of Legality in Criminal Law. Law and Philosophy 26 (3):229-305.
    Criminal law scholars approach legality in various ways. Some scholars eschew over-arching principles and proceed directly to one or more distinct “rules”: (1) the rule against retroactive criminalization; (2) the rule that criminal statutes be construed narrowly; (3) the rule against the judicial creation of common-law offenses; and (4) the rule that vague criminal statutes are void. Other scholars seek a single principle, i.e., the “principle of legality,” that they claim underlies the four rules. In contrast, I believe (...)
    Direct download (6 more)  
     
    Export citation  
     
    My bibliography   2 citations  
  12.  35
    Anthony R. Reeves (2015). Practical Reason and Legality: Instrumental Political Authority Without Exclusion. Law and Philosophy 34 (3):257-298.
    In a morally non-ideal legal system, how can law bind its subjects? How can the fact of a norm’s legality make it the case that practical reason is bound by that norm? Moreover, in such circumstances, what is the extent and character of law’s bindingness? I defend here an answer to these questions. I present a non-ideal theory of legality’s ability to produce binding reasons for action. It is not a descriptive account of law and its claims, it (...)
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  13.  35
    Giovanni Sartor (2009). Legality Policies and Theories of Legality: From Bananas to Radbruch's Formula. Ratio Juris 22 (2):218-243.
    Abstract. In this paper I shall take an inferential approach to legality (legal validity), and consider how the legality of a norm can be inferred, and what can be inferred from it. In particular, I shall analyse legality policies, namely, conditionals conferring the quality of legality upon norms having certain properties, and I shall examine to what extent such conditionals need to be positivistic, so that legality is only dependant on social facts. Finally, I shall (...)
    Direct download (7 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  14.  9
    Christoph Hanisch (2015). The Legality of Self‐Constitution. Ratio Juris 28 (4):452-469.
    An influential strand in recent action-theory employs constitutivist arguments in order to present accounts of individual agency and practical identity. I argue for an extension of this framework into the interpersonal realm, and suggest using it to reassess issues in jurisprudence. A legal system is an instantiation of the solution to the inescapable tasks of self-constituting action and identity-formation in the presence of other agents. Law's validity and normativity can be enlightened when the constitutivist approach considers the external prerequisites of (...)
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  15.  56
    Mordechai Kremnitzer & Re'em Segev (2000). The Legality of Interrogational Torture: A Question of Proper Authorization or a Substantive Moral Issue. Israel Law Review 34 (2):509-559.
    The article explores the Israeli Supreme Court main judgment regarding the legality of the use of special interrogation methods in order extract information concerning future acts of terror. The Judgment's main conclusion was that while there might be a justification for using exceptional interrogation measures in order to save lives, based on the concept of lesser evil as embedded in the criminal defense of necessity, the government is nevertheless not authorized to use such means in the absence of explicit (...)
    Direct download  
     
    Export citation  
     
    My bibliography   1 citation  
  16.  37
    Koray Tütüncü (2007). The Role of "Legality" in Kant's Moral Philosophy. The Proceedings of the Twenty-First World Congress of Philosophy 3:29-34.
    This study deals with the place and meaning of "legality" in Kant's moral philosophy. Although the return to Kantianism dominates contemporary political and legal thought, the boundaries of the analyses of the relationship between morality and legality in Kant's moral philosophy are confined to the boundaries drawn by John Rawls and Jürgen Habermas. While Rawls and Habermas consider law and morality as intersecting sets of rules and rights, they mostly consider this relationship in terms of the question of (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  17.  2
    Tomonori Teraoka (forthcoming). A Court as the Process of Signification: Legal Semiotics of the International Court of Justice Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-13.
    The International Court of Justice advisory opinion on the Legality of the Threat or Use of Nuclear Weapons in 1996 was a landmark case because, for the first time in history, the legal aspect of nuclear weapons was addressed. The decision has evoked controversies regarding the Court’s conclusion, the legal status of international humanitarian law in relation to nuclear weapons, and a newly introduced concept of state survival. While much legal scholarship discusses and criticizes the legal significance of the (...)
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  18.  22
    Michael N. Schmitt * (2004). The Legality of Operation Iraqi Freedom Under International Law. Journal of Military Ethics 3 (2):82-104.
    This article evaluates the legality of Operation Iraqi Freedom, the March 2003 attack on Iraq. The author rejects assertions that Security Council Resolution 1441 (2002), standing alone, contained a mandate to employ force; on the contrary, the Resolution was only adopted on the understanding that it did not. The law of self-defense, including its ?preemptive? variant, similarly provided no legal basis for the action because the degree of Iraqi support to terrorism was insufficient and the threat of use of (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  19.  18
    Matthew Zagor, “I Am the Law!”—Perspectives of Legality.
    The language of morality and legality infuses every aspect of the Middle East conflict. From repeated assertions by officials that Israel has “the most moral army in the world” to justifications for specific military tactics and operations by reference to self-defense and proportionality, the public rhetoric is one of legal right and moral obligation. Less often heard are the voices of those on the ground whose daily experience is lived within the legal quagmire portrayed by their leaders in such (...)
    Translate
      Direct download  
     
    Export citation  
     
    My bibliography  
  20.  1
    Thomas Douglas, Ethics Committees and the Legality of Research.
    One role of research ethics committees is to assess the ethics of proposed health research. In some countries, RECs are also instructed to assess its legality. However, in other countries they are explicitly instructed not to do so. In this paper, I defend the claim that public policy should instruct RECs not to assess the legality of proposed research. I initially defend a presumption in favour of the Claim, citing reasons for making research institutions solely responsible for assessing (...)
    No categories
    Direct download  
     
    Export citation  
     
    My bibliography  
  21.  5
    Jules L. Coleman (2000). Constraints on the Criteria of Legality. Legal Theory 6 (2):171-183.
    No one denies that moral principles figure in legal argument and practice. However, the kind of role morality can or must play in law has been a topic of debate not only between positivists and their critics, but also within the positivist camp. The topic was brought into contemporary prominence by Ronald Dworkin, who in TheModelofRulesI made the provocative observation that the legality of norms appears to depend sometimes on their substantive (moral) merits, and not just on their pedigree (...)
    Direct download (5 more)  
     
    Export citation  
     
    My bibliography  
  22.  8
    Emily Sherwin (2013). Legality and Rationality: A Comment on Scott Shapiro's Legality. Legal Theory 19 (4):403-421.
    One key premise in Shapiro's book Legality is that rationality requires those who have accepted the master plan for a system of law to obey the system's rules. In this paper, I question this premise, arguing instead that although it may be rational for agents to commit to follow the system's rule in all (or most) cases to which they apply, it is not rational for agents to follow the rules in fact when the rules appear to require the (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  23.  5
    Jennifer W. Primmer (2014). Beyond the Law-State: The Adequacy of Raz’s Account of Legal Systems in Explaining Intra-State and Supra-State Legality. Ratio Juris 28 (1):149-158.
    I argue that there are two conceptions of ‘comprehensiveness’: 1) Raz’s strong conception whereby comprehensiveness entails supremacy, and 2) a weak conception whereby comprehensiveness does not entail supremacy. The latter is sufficient to distinguish legal and non-legal authorities, and unlike Raz’s notion of comprehensiveness, allows one to account for both intra-state forms of legality (e.g., the federal-provincial relation in Canada) and supra-state forms of legality (e.g., the European Union). Moreover, although it is ideal for legal systems to claim (...)
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  24.  6
    Stuart Lakin (2008). Debunking the Idea of Parliamentary Sovereignty: The Controlling Factor of Legality in the British Constitution. Oxford Journal of Legal Studies 28 (4):709-734.
    This article explores the idea of Parliamentary sovereignty in British constitutional theory. Two general explanations for this idea are considered: firstly, that the existence of a sovereign entity is a conceptually necessary precondition for the existence of a state or constitution; secondly, that Parliament is sovereign, if it is, in virtue of a rule of recognition whose existence and content may be empirically determined. The former account, it is suggested, looms large in orthodox British constitutional theory but cannot be sustained. (...)
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  25.  2
    Zenon Bańkowski (2001). Law, Love and Legality. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 14 (2):199-213.
    The argument of this paper is that our lives have meaning because theyare structured by rules which are open to the outside, through which theoutside can reflexively fold back into the rules so that it canregenerate and transform them. It is this process that constitutes theunity and integrity of our lives and gives them coherence. Our lives donot have certainty in the sense that there is always a definite answeras to how we should live. It is in the reflexive unity (...)
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  26.  6
    Thomas Douglas (2007). Ethics Committees and the Legality of Research. Journal of Medical Ethics 33 (12):732-736.
    One role of research ethics committees is to assess the ethics of proposed health research. In some countries, RECs are also instructed to assess its legality. However, in other countries they are explicitly instructed not to do so. In this paper, I defend the claim that public policy should instruct RECs not to assess the legality of proposed research . I initially defend a presumption in favour of the Claim, citing reasons for making research institutions solely responsible for (...)
    Direct download (5 more)  
     
    Export citation  
     
    My bibliography  
  27.  3
    Maksymilian T. Madelr, The Spatio-Temporality of Objectification in Legal Theory: Concepts of Legality Between Theory and Practice.
    This paper argues that concepts of legality in legal theory can be profitably understood as being underwritten by modes of spatio-temporal objectification. In the first part of the paper, a scheme of such modes is provided, and a map of jurisprudential inquiries is thereby offered. In the second part of the paper, two concepts of legality - underwritten by two different modes of spatio-temporal objectification - are analysed. The analysis shows how both concepts of legality lead to (...)
    Direct download  
     
    Export citation  
     
    My bibliography  
  28. David Dyzenhaus (2012). Legality Without the Rule of Law? Scott Shapiro on Wicked Legal Systems: Critical Notice: Legality by Scott Shapiro. Canadian Journal of Law and Jurisprudence 25 (1):183-200.
    In Legality, Scott Shapiro – a leading legal positivist – analyses the problem of a wicked legal system in a way that brings him close to natural law positions. For he argues that a wicked legal system is botched as a legal system and I show that such an argument entails a prior argument that there is some set of standards or criteria internal to law which are both moral and legal. As a result, the more successful a legal (...)
     
    Export citation  
     
    My bibliography  
  29. Mahesh Sharma (2009). Western Himalayan Temple Records: State, Pilgrimage, Ritual and Legality in Chambā. Brill.
    Fifty-five documents in a western-Himalayan language dealing with land, pilgrimage, legality and temple-economy are presented. They explicate how ‘lesser states’ patronized numerous shrines and the role of Nath-Siddha-ascetics in creating consent-to-rule, and constructing hybridity between the Hindu and Tibetan-Buddhist traditions.
    No categories
    Direct download  
     
    Export citation  
     
    My bibliography  
  30. Ruth Fletcher (2015). FLaK: Mixing Feminism, Legality and Knowledge. Feminist Legal Studies 23 (3):241-252.
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  31.  14
    Jeffrey Brand-Ballard (2010). Limits of Legality: The Ethics of Lawless Judging. Oxford University Press.
    Introduction -- Practical reasons and judicial use of force -- Deviating from legal standards -- The legal duties of judges -- The normative classification of legal results -- Reasons to deviate -- Adherence rules -- Obeying adherence rules -- The judicial oath -- Legal duty and political obligation -- Systemic effects -- Agent-relative principles -- Optimal adherence rules -- Guidance rules -- Treating like cases alike -- Implementation -- Theoretical implications -- Conclusion.
    Direct download  
     
    Export citation  
     
    My bibliography   2 citations  
  32. Jurgen Habermas (1999). Bestiality and Humanity: A War on the Border Between Legality and Morality. Constellations 6 (3):263-272.
  33.  94
    William A. Edmundson (2011). Shmegality: A Review of Scott J Shapiro, Legality. [REVIEW] Jurisprudence 2 (1):273-291.
    Translate
      Direct download  
     
    Export citation  
     
    My bibliography   1 citation  
  34.  28
    John Gardner (2004). The Legality of Law. Ratio Juris 17 (2):168-181.
    Direct download (5 more)  
     
    Export citation  
     
    My bibliography   4 citations  
  35. David Luban (2010). Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law. In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. OUP Oxford
  36. David Dyzenhaus (1999). Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar. Oxford University Press Uk.
    This book investigates one of the oldest questions of legal philosophy---the relationship between law and legitimacy. It analyses the legal theories of three eminent public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller. Their theories addressed the problems of legal and political order in a crisis-ridden modern society and so they remain highly relevant to contemporary debates about legal order in the age of pluralism. Schmitt, the philosopher of German fascism, has recently received much attention. Kelsen (...)
    No categories
     
    Export citation  
     
    My bibliography   3 citations  
  37.  32
    James Eg Zetzel (2013). A Contract on Ameria: Law and Legality in Cicero's Pro Roscio Amerino. American Journal of Philology 134 (3):425-444.
    No categories
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  38. A. L. Goodhart (2008). The Legality of the Nuremberg Trials. In Guénaël Mettraux (ed.), Perspectives on the Nuremberg Trial. OUP Oxford
     
    Export citation  
     
    My bibliography  
  39.  12
    Richard Joyce, Law's Outside. Fleur Johns, Non-Legality in International Law: Unruly Law, Cambridge, Cambridge University Press, 2013, 259 Pp. [REVIEW]
    No categories
    Direct download  
     
    Export citation  
     
    My bibliography  
  40.  52
    Aimee Bryant (2011). Consent, Autonomy, and the Benefits of Healthy Limb Amputation: Examining the Legality of Surgically Managing Body Integrity Identity Disorder in New Zealand. [REVIEW] Journal of Bioethical Inquiry 8 (3):281-288.
    Upon first consideration, the desire of an individual to amputate a seemingly healthy limb is a foreign, perhaps unsettling, concept. It is, however, a reality faced by those who suffer from body integrity identity disorder (BIID). In seeking treatment, these individuals request surgery that challenges both the statutory provisions that sanction surgical operations and the limits of consent as a defence in New Zealand. In doing so, questions as to the influence of public policy and the extent of personal autonomy (...)
    Direct download (5 more)  
     
    Export citation  
     
    My bibliography  
  41. Zénon Bankowski (1993). Don't Think About It Legalism and Legality. Rechtstheorie. Beiheft 15:27-45.
     
    Export citation  
     
    My bibliography   1 citation  
  42.  1
    Jürgen Habermas (1999). Bestiality and Humanity: A War on the Border Between Legality and Morality. Constellations 6 (3):263-72.
  43.  59
    Thomas McCarthy (2003). Review: Unjust Legality: A Critique of Habermas's Philosophy of Law. [REVIEW] Mind 112 (448):762-765.
    Direct download (5 more)  
     
    Export citation  
     
    My bibliography  
  44.  34
    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.
    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 (...)
    Direct download (6 more)  
     
    Export citation  
     
    My bibliography  
  45.  47
    John Slatter (1996). P.A. Kropotkin on Legality and Ethics. Studies in East European Thought 48 (2-4):255 - 276.
  46.  38
    Avery Plaw (2007). Terminating Terror
    The Legality, Ethics and Effectiveness of Targeting Terrorists.
    Theoria 54 (114):1-27.
    Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  47.  38
    J. Ryberg (2011). Limits of Legality: The Ethics of Lawless Judging * by Jeffrey Brand-Ballard. Analysis 71 (4):796-798.
    No categories
    Direct download (6 more)  
     
    Export citation  
     
    My bibliography  
  48.  16
    Jennet Kirkpatrick (2012). Democracy on the Lam: Crisis, Constitutionalism and Extra-Legality. Contemporary Political Theory 11 (3):264.
  49.  5
    Hernán Pringe (2015). Empirical legality and effective reality. Ideas Y Valores 64 (158):21-39.
    Se investigan las condiciones que la doctrina de Kant establece para la predicación de la realidad efectiva de objetos empíricos determinados. Se sostiene: a) que para tal predicación no solo es necesario que haya percepción, sino que también se requiere cierta homogeneidad de los datos sensibles y b) que el conocimiento de la existencia de objetos empíricos determinados depende de la aplicación de principios regulativos de la experiencia. The conditions that Kant's doctrine establishes are examined for the predication of the (...)
    No categories
    Translate
      Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  50.  5
    Alexander Somek (2015). Legality and Irony. Jurisprudence 7 (3):431-448.
    Modern legal positivism tries to preserve the normativity of law while abstaining from generally viewing positive laws as reasons for action. This effort is epitomised, in particular, in Raz' idea that the substance of positive law can be imparted from the detached perspective of the ‘legal man’. From that perspective, it is not stated what one ought to do, all things considered, but merely what one ought to do from the legal point of view. The first part of this article (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
1 — 50 / 337