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The pure theory of law

Stanford Encyclopedia of Philosophy (2008)

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  1. On the (in)significance of Hume’s Law.Samuele Chilovi & Daniel Wodak - 2022 - Philosophical Studies 179 (2):633-653.
    Hume’s Law that one cannot derive an “ought” from an “is” has often been deemed to bear a significance that extends far beyond logic. Repeatedly, it has been invoked as posing a serious threat to views about normativity: naturalism in metaethics and positivism in jurisprudence. Yet in recent years, a puzzling asymmetry has emerged: while the view that Hume’s Law threatens naturalism has largely been abandoned (due mostly to Pigden’s work, see e.g. Pigden 1989), the thought that Hume’s Law is (...)
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  • When law and ethics come apart: Constraints versus guidance.Daniel A. Wilkenfeld & Christine Durmis - 2022 - Nursing Ethics 29 (6):1430-1440.
    The generally agreed upon principle that legality and ethics can come apart is frequently overlooked in our professional ethics education and decision-making procedures. The crux of the issue is that we teach in our philosophy classes that the law can sometimes be unethical, but then clearly state in nursing codes of ethics that students should always follow the law. The law could no doubt give us some reason to choose action A over action B, but in professional contexts we frequently (...)
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