Results for 'Blackstone'

7 found
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  1. Law and Political Thought.Michael Baur - 2013 - In Gregory Claey (ed.), Encyclopaedia of Modern Political Thought. CQ Press. pp. 488-494.
    In the modern period, the most original and influential theories about law and politics were developed in connection with a set of far-reaching, interrelated questions about the definition of law, the purpose of law, the relationship between law and morality, and the existence of natural law and natural rights. In this entry I summarize the contributions of Charles-Louis de Secondat, Baron de La Brède et de Montesquieu; William Blackstone; Jeremy Bentham; and Immanuel Kant as exemplars of the history of (...)
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  2. Secret Law Revisited.Benjamin L. S. Nelson - 2019 - Ratio Juris 32 (4):473-486.
    What follows is an attempt to do some conceptual housekeeping around the notion of secret law as provided by Christopher Kutz (2013). First I consider low-salience (or merely obscure) law, suggesting that it fails to capture the legal and moral facts that are at stake in the case which Kutz used to motivate it. Then I outline a theoretical contrast between mere obscurity and secrecy, in contrast to the 'neutral' account of secrecy provided by Sissela Bok (1989). The upshot of (...)
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  3. (1 other version)Criminal Proof: Fixed or Flexible?Lewis Ross - 2023 - Philosophical Quarterly (4):1-23.
    Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...)
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  4. MORAL STRUCTURE OF LEGAL OBLIGATION.Kuczynski John-Michael - 2006 - Dissertation, University of California, Santa Barbara
    What are laws, and do they necessarily have any basis in morality? The present work argues that laws are governmental assurances of protections of rights and that concepts of law and legal obligation must therefore be understood in moral terms. There are, of course, many immoral laws. But once certain basic truths are taken into account – in particular, that moral principles have a “dimension of weight”, to use an expression of Ronald Dworkin’s, and also that principled relations are not (...)
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  5.  44
    Reclaiming Democratic Classical Liberalism.David Ellerman - 2020 - In D. Hardwick & L. Marsh (eds.), Reclaiming Liberalism. Palgrave Studies in Classical Liberalism. pp. 1-39.
    This essay shows that the principles of classical liberalism (e.g., James Buchanan) do not apply to the firm based on the employer-employee relationship. However, there is a deeper democratic classical liberalism tradition based on inalienable rights, but it rules out the employment or human rental relation.
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  6. Standards of Proof.Lewis Ross - 2024 - In The Philosophy of Legal Proof. Cambridge University Press.
    An introduction to philosophical research on the standards of legal proof.
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  7. Legal Proof: Fixed or Flexible?Lewis Ross - 2024 - In The Philosophy of Legal Proof. Cambridge University Press.
    Discusses the idea that legal proof should use variable standards rather than a single fixed threshold.
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