Citations of:
Issues in Contemporary Legal Philosophy: The Influence of H.L.A. Hart
H. L. A. Hart & Ruth Gavison (eds.)
Oxford University Press (1987)
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This paper is intended to be a summary of the author's views on the relationship between law and morality worked out over the past three decades in jurisprudence. The paper preliminarily clarifies the matter by isolating some lines of cleavage separating different questions askable about this relationship. With this done, the author argues for two theses. One, that judges are obligated to use morality in their decisions in particular cases; and two, that the morality judges are obligated to use in (...) |
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The author maintains in this article that it is possible an approach between the positivistic legal theory, the one that follows the model of the analytical theory developed by Hart, and those others that apply a socio-legal method. Against what some defenders of both perspectives advocate, who view each others with some disdain, the author asserts the need to integrate legal theory with social sciences in the field of juridical ideas. This supposes opening spaces to develop a socio-legal theory of (...) |
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Hugo Adam Bedau, Death is Different: Studies in the Morality, Law, and Politics of Capital Punishment Boston: Northeastern University Press, 1987; xii, 307pp. |