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  1. Inclusive Legal Positivism.Wilfrid J. Waluchow - 1994 - Oxford University Press.
    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 theorists (...)
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  2.  32
    The Dimensions of Ethics: An Introduction to Ethical Theory.Wilfrid J. Waluchow - 2003 - Broadview Press.
    The Dimensions of Ethics offers a concise but wide-ranging introduction to moral philosophy. In clear and engaging fashion, the author first examines the scope of ethical theory, and explores central metaethical questions such as the issue of relativism, and the relationship between morality and religion. He then turns to an exploration of five theoretical approaches, in each case providing a consideration of various objections that have been advanced as well as a sympathetic exposition of the core principles of each approach. (...)
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  3.  2
    Readings in Health Care Ethics.Elisabeth Airini Boetzkes & Wilfrid J. Waluchow (eds.) - 2000 - Broadview Press.
    Readings in Health Care Ethics provides a wide-ranging selection of important and engaging contributions to the field of health care ethics. The second edition adds a chapter on health care in Canada, and the introduction has been expanded to include discussion of a new direction in feminist naturalized ethics. The book presupposes no prior knowledge, only an interest in the bioethical issues that are shaping our world.
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  4.  51
    Strong Discretion.Wilfrid J. Waluchow - 1983 - Philosophical Quarterly 33 (133):321-339.
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  5. Readings in Health Care Ethics, Second Edition.Elisabeth Gedge & Wilfrid J. Waluchow (eds.) - 2012 - Broadview Press.
    Readings in Health Care Ethics provides a wide-ranging selection of important and engaging contributions to the field of health care ethics. The second edition adds a chapter on health care in Canada, and the introduction has been expanded to include discussion of a new direction in feminist naturalized ethics. The book presupposes no prior knowledge, only an interest in the bioethical issues that are shaping our world.
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  6.  46
    Well and Good, Third Edition: A Case Study Approach to Biomedical Ethics.John E. Thomas & Wilfrid J. Waluchow - 1998 - Broadview Press.
    Well and Good presents a combination of "classic" and little-known but real-life cases. Included are a range of cases involving nurses and other health professionals as well as many involving doctors. The cases in the main body of the book are accompanied by the editors' impartial discussions of the issues involved. The final section is comprised of unanalysed cases for further study. For the new edition, the introduction has been expanded to include discussions of feminist bioethics and of virtue ethics, (...)
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  7. Well and Good, Fourth Edition: Case Studies in Health Care Ethics.John E. Thomas, Wilfrid J. Waluchow & Elisabeth Gedge (eds.) - 2014 - Broadview Press.
    Well and Good presents a combination of "classic" and little-known cases in health care ethics. These cases, accompanied by information about the major ethical theories, give students a chance to grapple with the ethical challenges faced by health care practitioners, policy makers, and recipients. The authors' narrative style and leading questions provoke student interest and engagement, while allowing instructors the freedom to draw from the theoretical perspectives they consider most useful. This fourth edition includes an expanded discussion of feminist ethics, (...)
     
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  8. A Common Law Theory of Judicial Review.Wilfrid J. Waluchow - 2007 - Problema 1:117-139.
    Constitutional Charters or Bill of Rights have been applauded because of the protection they provide to minorities and also in ensuring and protecting fundamental rights, however, Charters have been criticized for being considered morally and politically objectionable. The author responds to Charter critics most serious objections and offers some reasons for adopting an alternative framework.
     
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  9. A Living Tree Constitutionalist Replies.Wilfrid J. Waluchow - 2010 - Problema 3:147-168.
     
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  10. Autonomy, Responsibility and Alcoholism.Wilfrid J. Waluchow - 1991 - In Douglas J. McCready (ed.), Health Futures, Alcohol and Drugs. Waterloo, ON, Canada: pp. 43-51.
     
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  11. Business Ethics in Canada Second Edition.Wilfrid J. Waluchow & D. Poff - 1990 - Scarborough: Prentice Hall.
     
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  12. Business Ethics in Canada Third Edition.Wilfrid J. Waluchow - 1998 - Scarborough: Prentice Hall.
     
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  13. Charter Challenges: A Test Case For Theories of Law.Wilfrid J. Waluchow - 1991 - Osgoode Hall Law Journal 29 (1):183-214.
    The author's primary objective is to show that versions of legal positivism, according to which legal validity sometimes depends on moral validity (Inclusive Legal Positivism), are theoretically preferable to those forms of positivism (Exclusive Legal Positivism) which deny this possibility. The author attempts to substantiate this conclusion by demonstrating that Inclusive Legal Positivism provides a better theoretical account of challenges to legal validity based on a document like the Canadian Charter of Rights and Freedoms. His secondary aim is to show (...)
     
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  14. Constitutionalism in the United Kingdom. [REVIEW]Wilfrid J. Waluchow - 2011 - Constitutional Commentary 27 (2):487-497.
     
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  15. Constitutional Rights and Democracy: A Reply to Professor Bellamy.Wilfrid J. Waluchow - 2013 - German Law Journal 14:1039-1051.
    -/- In his rich and thoughtful paper, Richard Bellamy sketches a theory of individual rights that ascribes to them an inherently democratic character that “is best captured by a republican view of liberty as non-domination, rather than the standard liberal account of liberty as non-interference.” According to this view, “rights involve an implicit appeal to democratic forms of reasoning.” That is, the only justifiable “foundation of rights must be some form of ongoing democratic decision making that allows rights to be (...)
     
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  16. Constitutional Rights and the Possibility of Detached Constitutional Interpretation.Wilfrid J. Waluchow - 2015 - Problema 9:23-52.
    In this paper I defend constitutional review against the charge that it neces- sarily runs afoul of democratic principle. In so doing, I draw both on Dworkin’s theory of constructive interpretation as well as Raz’s theory of detached normative statements and reasoning from a point of view. After arguing that constructive interpretation can be undertaken from a point of view other than that of the interpreter, I go on to argue for the following claims: (1) Constitutional interpretation and review can (...)
     
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  17. Defeasibility and Legal Positivism.Wilfrid J. Waluchow - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
  18. Democracy and the Living Tree Constitution.Wilfrid J. Waluchow - 2011 - Drake University Law Review 59:1001-1046.
     
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  19.  20
    Ethics in Government Peter A. French Prentice-Hall Series in Occupational Ethics Englewood Cliffs, NJ: Prentice-Hall, 1983. Pp. 147. [REVIEW]Wilfrid J. Waluchow - 1984 - Dialogue 23 (2):364-366.
  20. Ethical Theory in Business.Wilfrid J. Waluchow - 1991 - In Deborah Charmaine Poff & Wilfrid J. Waluchow (eds.), Business Ethics in Canada. Canada: pp. 1-33.
     
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  21. Free Expression: Essays in Law and Philosophy.Wilfrid J. Waluchow - 1994 - Oxford, UK: Claredon Press.
    This is a collection of essays based on papers read at a conference on freedom of expression held at McMaster University in May, 1990. Its contributors are philosophers and lawyers, each of whom brings his unique perspective to bear on issues surrounding the justification of free expression and the bases, both legal and moral, for restricting or broadening its scope. Joseph Magnet, Wayne Sumner, and James Weinstein discuss legal attempts in America and Canada to restrict hate literature, while David Richards (...)
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  22. H. L. A. Hart: Supervisor, Mentor, Friend, Inspiration.Wilfrid J. Waluchow - 2012 - Problema 5:3-10.
     
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  23. Il positivismo giuridico e la natura dei diritti costituzionali.Wilfrid J. Waluchow - 2018 - Naples, Metropolitan City of Naples, Italy: Edizioni scientifiche italiane.
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  24. Legality's Frontier. [REVIEW]Wilfrid J. Waluchow - 2010 - Transnational Legal Theory 1 (4):575-585.
     
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  25. Lessons From Hart.Wilfrid J. Waluchow - 2012 - Problema 5:363-383.
    In this paper, I defend H. L. A. Hart against two prevalent criticisms of his views on social rules and the obligations with which these rules are often associated. These criticisms, I argue, rely on misunderstandings ormischaracterizations of what Hart actually intended. These misunderstandings are plausibly explained by a failure on the part of his critics to appreciate fully two of the valuable lessons Hart sought to communicate in his inaugural lecture. First, words like ‘rule’ and ‘obligation’ should not be (...)
     
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  26. 'Law Morality and the Weak Social Thesis.Wilfrid J. Waluchow - 1992 - In C. Peden & J. Roth (eds.), Rights, Justice and Community. Lewiston: pp. 451-460.
     
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  27. Methodology of Legal Theory.Wilfrid J. Waluchow, Michael Giudice & Maksymilian Del Mar - 2010 - Burlington, ON, Canada: Ashgate.
    The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic (...)
     
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  28.  16
    Philosophical Foundations of the Nature of Law.Wilfrid J. Waluchow & Stefan Sciaraffa (eds.) - 2013 - Oxford University Press.
    Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian Theory of (...)
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  29. Positivismo Juridico Incluyente (Spanish Translation of Inclusive Legal Positivism).Wilfrid J. Waluchow - 1994 - Madrid, Spain: Marcial Pons.
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  30. Professor Weinrib on Corrective Justice.Wilfrid J. Waluchow - 1987 - In S. Panagiotou (ed.), Justice, Law and Method in Plato and Aristotle. Edmonton, AB, Canada: pp. 153-159.
     
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  31. Resurrecting the Author: A Response to Geniusas.Wilfrid J. Waluchow - 2004 - Respectus Philologicus 9 (4):28-32.
     
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  32. Tim and Sam.Wilfrid J. Waluchow - forthcoming - Business Ethics in Canada.
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  33. The Ethics of Hiring: Shoul Looks Count?Wilfrid J. Waluchow - 1991 - In Deborah Charmaine Poff & Wilfrid J. Waluchow (eds.), Business Ethics in Canada. Canada: pp. 199-204.
    A distinctively Canadian text which provides theory and practice in case studies. More on Milton Friedman's views, ethics and the professions, South Africa, the environment.
     
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  34. The 'Forces' of Law.Wilfrid J. Waluchow - 1990 - Canadian Journal of Law and Jurisprudence 3 (1):51-67.
    In Law’s Empire, Ronald Dworkin introduces an important distinction between what he calls the ‘grounds’ and the ‘force’ of law. The former primarily interest Dworkin in LE and concern the “circumstances in which particular propositions of law should be taken to be sound or true.” (110) Propositions of law, we are told, are “all the various statements and claims people make about what the law allows or prohibits or entitles them to have.” (4) That Canadians owing income tax to the (...)
     
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  35. The Many Faces of Legal Positivism.Wilfrid J. Waluchow - 1998 - University of Toronto Law Journal 48:387 - 449.
     
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  36. The Nature of Law: Contemporary Perspectives.Wilfrid J. Waluchow & Stefan Sciaraffa - 2013 - Oxford, UK: Oxford University Press.
     
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  37. Una Teoria del Control Judicial de Constitucionalidad basada en el common law: Un Arbol vivo - Translation of A Common Law Theory of Judicial Review.Wilfrid J. Waluchow - 2009 - Cambridge, UK: Cambridge University Press.
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  38. Well and Good: Case Studies in Biomedical Issues.Wilfrid J. Waluchow & J. E. Thomas - 1987 - Peterborough, ON, Canada: Broadview Press.
     
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  39. Well and Good: Case Studies in Biomedical Issues Revised Edition.Wilfrid J. Waluchow & J. E. Thomas - 1990 - Peterborough, ON, Canada: Broadview Press.
     
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