This category needs an editor. We encourage you to help if you are qualified.
Volunteer, or read more about what this involves.
Related categories

32 found
Order:
  1. Nonconstitutional Amendments.Richard Albert - 2009 - Canadian Journal of Law and Jurisprudence 22 (1):5-47.
    The constitutional text in a constitutional democracy does not necessarily constrain constitutional change. Quite the contrary, constitutional change in a constitutional democracy often occurs in ways that depart from the rigid procedures governing constitutional amendment enshrined in the text of the constitutional. In this article, I illuminate this peculiar phenomenon in comparative perspective, drawing from the constitutional traditions of Canada, Germany, India, South Africa and the United States. In addition to illuminating distinctions in the amendment practices of liberal democratic constitutional (...)
    Remove from this list  
     
    Export citation  
     
    My bibliography   1 citation  
  2. Hans Kelsen's Concept of the 'Ought'.Robert Alexy - 2013 - Jurisprudence 4 (2):235-245.
    Focusing on Hans Kelsen's concept of the 'ought', the main problem is whether the 'ought' qua obligation or the 'ought' qua empowerment or competence serves as his fundamental normative concept. Stanley L Paulson has adduced strong textual arguments for the thesis that the fundamental role played by empowerment represented Kelsen's opinion ever since the late 1930s. But to accept the thesis of the fundamental character of empowerment as an interpretive thesis is not, eo ipso , to accept it as a (...)
    Remove from this list  
     
    Export citation  
     
    My bibliography  
  3. Expressive Meaning, Race, and the Law.Andrew Altman - 1999 - Legal Theory 5 (1):75-99.
  4. “The Right to Self-Determination”: Right and Laws Between Means of Oppression and Means of Liberation in the Discourse of the Indigenous Movement of Ecuador.Philipp Altmann - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (1):121-134.
    The 1970s and 1980s meant an ethnic politicization of the indigenous movement in Ecuador, until this moment defined largely as a class-based movement of indigenous peasants. The indigenous organizations started to conceptualize indigenous peoples as nationalities with their own economic, social, cultural and legal structures and therefore with the right to autonomy and self-determination. Based on this conceptualization, the movement developed demands for a pluralist reform of state and society in order to install a plurinational state with wide degrees of (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  5. Justifying Law: The Debate Over Foundations, Goals, and Methods.Raymond A. Belliotti - 1992 - Temple University Press.
    Author note: Raymond A. Belliotti is Professor of Philosophy at State University of New York at Fredonia.
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
  6. A Foundation for the Conception of Law as Practical Reason.Stefano Bertea - 2015 - Law and Philosophy 34 (1):55-88.
    This essay discusses a foundation of the connection argued to exist between law and practical reason that has proved to be highly influential and debated in contemporary legal philosophy – Alexy’s. After reconstructing Alexy’s conception of practical reason as well as its foundation, I criticise the weak transcendental-pragmatic argument Alexy uses to ground the authority of practical reason. This argument, I argue, can only show why occasionally, as opposed to necessarily, we ought to follow the guidance of practical reason, and (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  7. The Normative Claim of Law.Stefano Bertea - 2009 - Hart.
    Meaning and status -- Generality and moral quality -- Content-dependence and discursive character -- Why grounds are needed -- Grounding the normativity of practical reason -- Grounding the normative claim and force of law.
    Remove from this list  
     
    Export citation  
     
    My bibliography   2 citations  
  8. Review of Arthur Ripstein, Force and Freedom. [REVIEW]Andrew Botterell - 2011 - Canadian Journal of Political Science 44:457-458.
    A review of Arthur Ripstein, Force and Freedom: Kant's Legal and Political Philosophy (Harvard University Press, 2009).
    Remove from this list   Direct download  
    Translate
     
     
    Export citation  
     
    My bibliography  
  9. Public Reason Between Ethics and Law.José de Sousa E. Brito - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):465-472.
    Rawls says that public reason is the reason of the citizens of a democratic state and takes the Supreme Court in the USA as the exemplar of public reason. It differs from non public reason, which is used e.g., in universities and academic institutions. Rawls contrasts with Kant, which opposes the public reason of the scholar—or the philosopher—, who speaks before the world, to the private reason of state or church officials. The later, once they accept an authority, cannot think (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  10. Can Government Regulate Technology?Edmund Byrne - 1983 - In Philosophy and Technology, Boston Studies in the Philosophy of Science, vol. 80. Dordrecht: pp. 17-33.
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
  11. Le Corti, il Legislatore e la Ragione Pubblica nella filosofia del diritto di Jeremy Waldron.Giovanni Cogliandro - 2015 - Rivista Internazionale di Filosofia Del Diritto 4:651-688.
    1. Indeterminatezza costituiva della ragione pubblica e governo della legge; 2. Concetto e rule of law; 3. Concetto, linguaggio e obbedienza; 4. Chain novel e struttura normativa; 5. Contrastanti armonie.
    Remove from this list  
    Translate
     
     
    Export citation  
     
    My bibliography  
  12. A Third Theory of Paternalism.Nicolas Cornell - 2015 - Michigan Law Review 113:1295-1336.
  13. Equal Respect and the Enforcement of Morality.Gerald Dworkin - 1990 - Social Philosophy and Policy 7 (2):180.
    In recent years, there has been renewed interest in the question of when, if ever, the state may use coercion to enforce majority views about what types of conduct are right or wrong, noble or base, decent or indecent. Such interest has been generated by both political and philosophibal pressures. In recent political history, controversies over such issues as abortion, homosexuality, pornography, textbooks in schools, new reproductive technologies such as surrogate parenting and in vitro fertilization, and faith healing have focused (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    My bibliography  
  14. The Anarchist Official: A Problem for Legal Positivism.Kenneth M. Ehrenberg - 2011 - Australian Journal of Legal Philosophy 36:89-112.
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  15. The Law of Laws.Pavlos Eleftheriadis - forthcoming - Transnational Legal Theory 1 (3).
    How can legal orders coexist? Contemporary lawyers and philosophers frequently accept that a legal system operates under its own terms and is shaped by its own participants. Any problems posed by the plurality of legal orders in the world are to be dealt with by each legal order separately. So persons that are caught in transnational disputes because they are subject to two or more jurisdictions, have recourse to private international law, which is always part of domestic law, i.e. the (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    My bibliography  
  16. The Rule of Law and Equality.Paul Gowder - 2013 - Law and Philosophy 32 (5):565-618.
    This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    My bibliography  
  17. The Authority of the State.Leslie Green - 1988 - Clarendon Press.
    The modern state claims supreme authority over the lives of all its citizens. Drawing together political philosophy, jurisprudence, and public choice theory, this book forces the reader to reconsider some basic assumptions about the authority of the state. Various popular and influential theories - conventionalism, contractarianism, and communitarianism - are assessed by the author and found to fail. Leslie Green argues that only the consent of the governed can justify the state's claims to authority. While he denies that there is (...)
    Remove from this list  
     
    Export citation  
     
    My bibliography   19 citations  
  18. Dissents in Courts of Last Resort: Tragic Choices?John Alder - 2000 - Oxford Journal of Legal Studies 20 (2):221-246.
    A democratic society does not embody a permanent and internally consistent set of values but attempts to accommodate disagreement between incommensurable values. One of the purposes of the law is to manage such disagreement by ensuring that disputes are settled in a way that advances the interests of stability without foreclosing options. In this respect the function of the formal dissenting judgment has been neglected in the English literature. By contrast there is a rich US literature which reveals an ambivalent (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    My bibliography  
  19. Analytical Jurisprudence and the Concept of Commercial Law.John Linarelli - 2009 - Penn State Law Review 114 (1):119-215.
    Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography  
  20. The Use and Abuse of Presumptions: Some Comments on Dempsey on Finnis.Matthew Lister - 2012 - Villanova Law Review 57:485.
    This paper is a short commentary on Michelle Dempsey's contribution to a symposium on the work of John Finnis which took place at Villanova Law School in the fall of 2011. It focuses on Finnis's claim that there is a presumptive obligation to obey the law and some worries that Dempsey raises against this claim. It is forthcoming, along with several other papers from the symposium, in the Villanova Law Review.
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
  21. The Morality of on Liberty.James Edwin Mahon - 2007 - Studies in the History of Ethics - Symposium on Mill's Ethics (2007).
    In this paper I argue that, contrary to both H. L. A Hart and Patrick Devlin, and in sympathy with D. G. Brown, it is possible to read Mill as arguing in On Liberty that morality should be enforced, by public moral disapprobation by society, and by fines, imprisonment, execution, etc., by the state, when it will promote the general welfare. The difference between Mill and his predecessors is that they had no standard for morality other than the subjective standard (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography  
  22. L'autorità della ragione e le ragioni dell'autorità. Il De utilitate credendi di S. Agostino.Maurizio Manzin - 1990 - Rivista Internazionale di Filosofia Del Diritto 67 (3):412-431.
    An analysis on St. Augustine's dialogue on the usefulness of faith (De utilitate credendi), where the distinction between authority and faith is critically discussed.
    Remove from this list  
    Translate
     
     
    Export citation  
     
    My bibliography  
  23. A Critical Examination of Jiri Priban's "Doing What Comes Naturally, or a Walk on the Wild Side? Stanlet Fish's Antifoundationalist Concept of Law, It's Closure and Force".Ross Motabhoy - 2012 - Dissertation, University of Kent
  24. Billy Budd's Song: Authority and Music in the Public Sphere.Jonathan A. Neufeld - 2013 - Opera Quarterly 28 (3-4):172-191.
    While Billy Budd's beauty has often been connected to his innocence and his moral goodness, the significance of the musical character of his beauty—what I will argue is the site of a struggle for political expression—has not been remarked upon by commentators of Melville's novella. It has, however, been deeply explored by Britten's opera. Music has often been situated at, or just beyond, the limits of communication; it has served as a medium of the ineffable, of unsaid and unsayable truths (...)
    Remove from this list   Direct download  
    Translate
     
     
    Export citation  
     
    My bibliography  
  25. Il liberalismo di Luigi Einaudi o del buongoverno Il Liberalismo di Luigi Einaudi o del buongoverno (On the Liberalism of Luigi Einaudi or of Good Government).Paolo Silvestri - 2008 - Rubbettino.
    Italian Abstract: L'opposizione buon governo/mal governo è stato considerata uno dei grandi temi, se non il più grande, della riflessione politica di tutti i tempi. In questo libro mi propongo di qualificare teoreticamente il senso e il modo in cui Luigi Einaudi riattualizza il mito del buongoverno alla luce della portata dirompente dell’economico per la modernità e dei suoi effetti sul giuridico, il politico e l’etico. Il baricentro del liberalismo di Luigi Einaudi o del buon governo va ricercato non tanto (...)
    Remove from this list  
    Translate
     
     
    Export citation  
     
    My bibliography  
  26. Three Conceptions of Practical Authority.Daniel Star & Candice Delmas - 2011 - Jurisprudence 2 (1):143-160.
    Joseph Raz’s much discussed service conception of practical authority has recently come under attack from Stephen Darwall, who proposes that we instead adopt a second- personal conception of practical authority.1 We believe that the best place to start understanding practical authority is with a pared back conception of it, as simply a species of normative authority more generally, where this species is picked out merely by the fact that the normative authority in question is authority in relation to action, rather (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    My bibliography   2 citations  
  27. Morality and the Role-Differentiated Behaviour of Lawyers.Craig Taylor - 2004 - Australian Journal of Professional and Applied Ethics 6 (1).
    Remove from this list  
     
    Export citation  
     
    My bibliography  
  28. Justifications, Powers, and Authority.Malcolm Thorburn - 2008 - Yale Law Journal 117:1070.
    Criminal law theory made a significant advance roughly thirty years ago when George Fletcher popularized the important conceptual distinction between justifications and excuses. In the intervening years, however, very little progress has been made in exploring the structure and function of justification defenses. The reason for this failure, I suggest, is a widely shared misconception about their place within the criminal law’s institutional structure. Contrary to what is generally believed, it is not up to trial courts to decide ex post (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    My bibliography   4 citations  
  29. The Possibility of a Fair Play Account of Legitimacy.Justin Tosi - 2017 - Ratio 30 (1):88-99.
    The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the most (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    My bibliography   1 citation  
  30. Nomos and Narrative: Zu den Verfahren der Orestie.Katrin Trüstedt - 2012 - In Karl-Heinz Ladeur & Ino Augsberg (eds.), Die Innenwelt der Außenwelt der Innenwelt des Rechts. München: Fink. pp. 59–77..
  31. Francisco de Vitoria and Alberico Gentili on the Legal Character of the Global Commonwealth.Andreas Wagner - 2011 - Oxford Journal of Legal Studies 31 (3):565-582.
    In discussing the works of 16th-century theorists Francisco de Vitoria and Alberico Gentili, this article examines how two different conceptions of a global legal community affect the legal character of the international order and the obligatory force of international law. For Vitoria the legal bindingness of ius gentium necessarily presupposes an integrated character of the global commonwealth that leads him to as it were ascribe legal personality to the global community as a whole. But then its legal status and its (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    My bibliography  
  32. Two Schools of Legal Idealism: A Positivist Introduction.Tony Ward - 2006 - Ratio Juris 19 (2):127-140.
    This article provides a critical introduction to an issue fo Ratio Juris concerend with two contrasting schools of legal idealism: the so-called Sheffield School (Beyleveld, Brownsword and colleagues) and the “discourse ethics” school of Habermas and Alexy. The article focusses on four issues: (1) whether a "claim to correctness" is a necessary feature of law, (2) the connection between correctness and validity, (3) Alexy's argument for a "qualifying connection" between law and morality, and its counterpart in the Sheffield School's approach, (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    My bibliography