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Issues in contemporary legal philosophy: the influence of H.L.A. Hart

New York: Oxford University Press (1987)

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  1. Dworkin's Theoretical Disagreement Argument.Barbara Baum Levenbook - 2015 - Philosophy Compass 10 (1):1-9.
    Dworkin's theoretical disagreement argument, developed in Law's Empire, is presented in that work as the motivator for his interpretive account of law. Like Dworkin's earlier arguments critical of legal positivism, the argument from theoretical disagreement has generated a lively exchange with legal positivists. It has motivated three of them to develop innovative positivist positions. In its original guise, the argument from theoretical disagreement is presented as ‘the semantic sting argument’. However, the argument from theoretical disagreement has more than one version. (...)
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  • The Various Relations between Law and Morality in Contemporary Legal Philosophy.Michael S. Moore - 2012 - Ratio Juris 25 (4):435-471.
    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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  • Review essay / murder is different.Igor Primoratz - 1989 - Criminal Justice Ethics 8 (1):46-53.
    Hugo Adam Bedau, Death is Different: Studies in the Morality, Law, and Politics of Capital Punishment Boston: Northeastern University Press, 1987; xii, 307pp.
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  • ¿Cabe el enfoque socio-jurídico en la teoría Del derecho?Manuel Calvo García - 2010 - Anales de la Cátedra Francisco Suárez 44:371-394.
    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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