عنوان

Inclusive legal positivism /

(Number (ISBN

0198258127

(Number (ISBN

9780198258124

Number

b738341

Title Proper

Inclusive legal positivism /

General Material Designation

[Book]

First Statement of Responsibility

W.J. Waluchow.

Place of Publication, Distribution, etc.

New York :

Name of Publisher, Distributor, etc.

Oxford University Press,

Date of Publication, Distribution, etc.

1994.

Specific Material Designation and Extent of Item

x, 290 pages ;

Dimensions

23 cm

Text of Note

Includes bibliographical references (pages 273-279) and index.

Text of Note

1. Introduction. 1. Indeterminate Boundaries. 2. The Structure of Our Inquiry -- 2. Theories and Conceptions. 1. The Grounds of Law. 2. The Force of Law. 3. Dworkinian Conceptions of Law. 4. Conceptions and Evaluation. 5. Values and Legal Theory -- 3. The Forces of Law. 2. Law, Compliance, and Adjudication. 3. The Institutional Forces of Law. 4. Rights Against Hercules. 5. The Theory of Compliance. 6. Separate But Connected. 7. An Alternative -- 4. Inclusive V. Exclusive Positivism. 1. The Forms and Limits of Positivism. 2. Hart's Arguments. 3. Bentham's Causal/Moral Argument. 4. The Invalidity of Causal/Moral Arguments. 5. A Dubious Causal Connection. 6. The Argument From Intellectual Clarity. 7. Three Popular Arguments. 8. The Argument From Explanatory Power. 9. The Argument From Function. 10. The Authority Argument: An Outline. 11. The Authority Argument: A Critique. 12. Taking Stock -- 5. Charter Challenges. 2. Moral Arguments? 3. Does it Figure in the Right Way?

Text of Note

4. An Alternative Exclusive Account? -- 6. Hercules. 2. The Validity Argument. 3. The Pedigree Argument. 4. The Argument From Function -- 7. Discretion and Legal Theory. 1. The Discretion Argument. 2. Strong and Weak Discretion. 3. Two Interpretations. 4. Two Objections. 5. Having and Exercising Strong Discretion. 6. A Significant Distinction? 7. A Return to the Discretion Argument. 8. Raz's Challenge -- 8. Morals and the Meaning of Laws. 2. Hart's Early Theory. 3. The Necessity Argument. 4. The Desirability Argument. 5. The Intention Argument. 6. The Rule of Law Argument 1. 7. The Rule of Law Argument 2. 8. Later Hart.

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Text of Note

If so, is this fact consistent with legal positivism? The author shows how inclusive positivism allows one to answer yes to both of these questions.

Text of Note

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 are offering differing kinds of theories and attempting to answer different questions.

Text of Note

There is also a failure, principally on the part of Ronald Dworkin, to characterize opposing theories correctly. The clarity of Waluchow's work will help to remove the confusion which has hitherto marred some jurisprudential debate, particularly about Dworkin's work.

Text of Note

This book develops a general theory of law, inclusive legal positivism, which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. Its central theoretical questions are: Does the existence or content of positive law ever depend on moral considerations?

Terms of Availability

£35.00 : Formerly CIP

Legal positivism.

Legal positivism.

Positivisme juridique.

Rechtspositivisme.

Rechtstheorie.

Number

Edition

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Book number

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System Code

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System Code

Waluchow, Wilfrid J.

Date of Transaction

20201203232917.0

Electronic name

[Book]

Y