Results for 'HLA Hart'

115 found
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  1. The invisible author of legal authority.William E. Conklin - 1996 - Dordrecht, Netherlands: Kluwer.
    The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a (...)
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  2. Invisible Author of Legal Authority.William E. Conklin - 1996 - Law and Critique 7 (2):173-192.
    The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a (...)
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  3. Internal Aspect of Social Rules.Adam Perry - 2015 - Oxford Journal of Legal Studies 35:283.
    One of HLA Hart's main contributions to jurisprudence is his theory of social rules. Hart said, essentially, that a social rule exists if the members of a society act in some way and have a certain attitude. Most legal philosophers think that Hart's account of this attitude is too general, however, and that his theory is overinclusive as a result. In this article, I draw on recent work in the philosophy of action to propose a more precise (...)
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  4. Positive and Natural Law Revisited.David-Hillel Ruben - 1972 - Modern Schoolman 49 (4):295-317.
    The article argues that the famous debate on natural and positive law between Lon Fuller and HLA Hart rests on a dispute about whether or not that something is a law provides on its own a prima facie reason for doing something.
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  5. The Internal Point of View.Jeffrey Kaplan - 2023 - Law and Philosophy 42 (3):211-236.
    The most discussed theory of law of the twentieth century – HLA Hart’s theory from _The Concept of Law_ – is fundamentally _psychological_. It explains the existence of legal systems in terms of an attitude taken by legal officials: the internal point of view. Though much has been said about this attitude (what statements _express_ it, what it is _not_, how Hart _ought_ to have conceived of it, etc.), we nonetheless lack an adequate account of the attitude itself. (...)
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  6. Attitude and the normativity of law.Jeffrey Kaplan - 2017 - Law and Philosophy 36 (5):469-493.
    Though legal positivism remains popular, HLA Hart’s version has fallen somewhat by the wayside. This is because, according to many, the central task of a theory of law is to explain the so-called ‘normativity of law’. Hart’s theory, it is thought, is not up to the task. Some have suggested modifying the theory accordingly. This paper argues that both Hart’s theory and the normativity of law have been misunderstood. First, a popular modification of Hart’s theory is (...)
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  7. What is positivism in legal analysis?Damian Wayne Williams - forthcoming - Forthcoming.
    Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within its design, there (...)
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  8. Is the rule of recognition really a duty-imposing rule?Laurenz Ramsauer - 2023 - Journal of Legal Philosophy 48 (2):83-102.
    According to a persistent assumption in legal philosophy, the social rule at the foundation of a legal system (the Rule of Recognition) serves both an epistemic and a duty-imposing function. Thus, some authors have claimed that it would be a formidable problem for legal philosophy to explain how such social rules can impose duties, and some have taken it upon themselves to show how social practices might just do that. However, I argue that this orthodox assumption about the dual function (...)
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  9. Is Crime Caused by Illness, Immorality, or Injustice? Theories of Punishment in the Twentieth and Early Twenty-First Centuries.Amelia M. Wirts - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 75-97.
    Since 1900, debates about the justification of punishment have also been debates about the cause of crime. In the early twentieth century, the rehabilitative ideal of punishment viewed mental illness and dysfunction in individuals as the cause of crime. Starting in the 1970s, retributivism identified the immorality of human agents as the source of crime, which dovetailed well with the “tough-on-crime” political milieu of the 1980s and 1990s that produced mass incarceration. After surveying these historical trends, Wirts argues for a (...)
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  10. Punishment and Responsibility: Essays in the Philosophy of Law.H. L. A. Hart - 1968 - Oxford University Press.
    This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
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  11. Discretion.H. L. A. Hart - 2013 - Harvard Law Review 127 (2):652-665.
    In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...)
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  12. The Blame of Infertility in Families amongst the Ikwerre People of Rivers State.Grace Lawrence-Hart & Gregory Ajima Onah - 2019 - American Journal of Humanities and Social Sciences Research 3 (10).
    Infertility, the inability to get pregnant after twelve months or more regular unprotected sexual intercourse is a global phenomenon but among the Ikwerre people of Rivers State, the blame of infertility in the family is always shifted to the woman despite the discovery of modern diagnosis that reveals that men and women can be responsible for childlessness. This research brings to bear the fact that modernity has not affected the Ikwerre people on the blame game of infertility in families. Thus, (...)
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  13. Limited Aggregation’s Non-Fatal Non-Dilemma.James Hart - 2024 - Australasian Journal of Philosophy.
    Limited aggregationists argue that when deciding between competing claims to aid we are sometimes required and sometimes forbidden from aggregating weaker claims to outweigh stronger claims. Joe Horton presents a ‘fatal dilemma’ for these views. Views that land on the First Horn of his dilemma suggest that a previously losing group strengthened by fewer and weaker claims can be more choice-worthy than the previously winning group strengthened by more and stronger claims. Views that land on the Second Horn suggest that (...)
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  14. Psychopathy and the DSM-IV criteria for antisocial personality disorder.Robert Hare, S. D. Hart & T. J. Harpur - 1991 - Journal of Abnormal Psychology 100: 391–398.
    The Axis II Work Group of the Task Force on Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) has expressed concern that antisocial personality disorder (APD) criteria are too long and cumbersome and that they focus on antisocial behaviors rather than personality traits central to traditional conceptions of psychopathy and to international criteria. R. D. Hare et al describe an alternative to the approach taken in the DSM-III—Revised (DSM-III—R; American Psychiatric Association, 1987), namely, the revised Psychopathy Checklist. The authors also (...)
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  15. Pathways to Drug Liberalization: Racial Justice, Public Health, and Human Rights.Jonathan Lewis, Brian D. Earp & Carl L. Hart - 2022 - American Journal of Bioethics 22 (9):W10-W12.
    In our recent article, together with more than 60 of our colleagues, we outlined a proposal for drug policy reform consisting of four specific yet interrelated strategies: (1) de jure decriminalization of all psychoactive substances currently deemed illicit for personal use or possession (so-called “recreational” drugs), accompanied by harm reduction policies and initiatives akin to the Portugal model; (2) expunging criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs (and releasing those serving (...)
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  16. Racial Justice Requires Ending the War on Drugs.Brian D. Earp, Jonathan Lewis, Carl L. Hart & Walter Veit - 2021 - American Journal of Bioethics 21 (4):4-19.
    Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...)
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  17. Teaching Peirce to Undergraduates.James Campbell, Cornelis de Waal & Richard Hart - 2008 - Transactions of the Charles S. Peirce Society 44 (2):189-235.
    Fourteen philosophers share their experience teaching Peirce to undergraduates in a variety of settings and a variety of courses. The latter include introductory philosophy courses as well as upper-level courses in American philosophy, philosophy of religion, logic, philosophy of science, medieval philosophy, semiotics, metaphysics, etc., and even an upper-level course devoted entirely to Peirce. The project originates in a session devoted to teaching Peirce held at the 2007 annual meeting of the Society for the Advancement of American Philosophy. The session, (...)
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  18. Transoral laser surgery for laryngeal carcinoma: has Steiner achieved a genuine paradigm shift in oncological surgery?A. T. Harris, Attila Tanyi, R. D. Hart, J. Trites, M. H. Rigby, J. Lancaster, A. Nicolaides & S. M. Taylor - 2018 - Annals of the Royal College of Surgeons of England 100 (1):2-5.
    Transoral laser microsurgery applies to the piecemeal removal of malignant tumours of the upper aerodigestive tract using the CO2 laser under the operating microscope. This method of surgery is being increasingly popularised as a single modality treatment of choice in early laryngeal cancers (T1 and T2) and occasionally in the more advanced forms of the disease (T3 and T4), predomi- nantly within the supraglottis. Thomas Kuhn, the American physicist turned philosopher and historian of science, coined the phrase ‘paradigm shift’ in (...)
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  19. Kelsen, Hart, and Legal Normativity.Brian Bix - 2018 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 34:25-42.
    This article focuses on issues relating to legal normativity, emphasizing the way these matters have been elaborated in the works of Kelsen and Hart and later commentators on their theories. First, in Section 2, the author offers a view regarding the nature of law and legal normativity focusing on Kelsen's work (at least one reasonable reading of it). The argument is that the Basic Norm is presupposed when a citizen chooses to read the actions of legal officials in a (...)
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  20. The global HLA banking of embryonic stem cells requires further scientific justification.Zubin Master & Bryn Williams-Jones - 2007 - American Journal of Bioethics 7 (8):45-46.
    There is a widely acknowledged shortage of and an increasing demand for transplantable human organs and tissues (e.g., kidney, heart, lung, liver, cornea) in developed and developing countries around the world. In response to this need, Lott and Savulescu (2007) propose the creation of a human embryonic stem (hESC) bank to facilitate the equitable and efficient dissemination of human leukocyte anti- gen (HLA) matched tissues and organs to patients in need of replacement. Although not an unreasonable proposal, the authors go (...)
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  21. The Hart-Rawls debate: libel, privacy infringement, reflective equilibrium.Terence Rajivan Edward - manuscript
    H.L.A. Hart objects to John Rawls’s liberty principle by drawing attention to how our legal system accepts the restriction of liberty to protect against other harms than liberty-deprivation, such as by laws against slander, libel, and publications which grossly infringe privacy. What is the solution for John Rawls, faced with this criticism? One solution is, by the reflective equilibrium method, to justify abandoning the judgment that these actions are immoral.
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  22. The Hart‐Fuller Debate.Juan Vega Gomez - 2014 - Philosophy Compass 9 (1):45-53.
    I will center the discussion of the Hart-Fuller debate on the five claims Hart mentions might be understood as legal positivisms main tenets: (1) the command theory; (2) the no necessary connection thesis; (3) the methodological claim; (4) the charge of positivism as formalism and the problem of interpretation; and (5) the meta-ethical confusion. In light of these five claims, I will explore whether the exchange of views between Hart and Fuller in 1957 truly amounted to a (...)
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  23. (1 other version)H.L.A. Hart on defining a law as a subtype of an unclear type.Terence Rajivan Edward - manuscript
    H.L.A. Hart’s objection to defining a law as a subtype of an unclear type, or one of his objections, suffers from two oversights, which I identify.
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  24. Novel sequence feature variant type analysis of the HLA genetic association in systemic sclerosis.R. Karp David, Marthandan Nishanth, G. E. Marsh Steven, Ahn Chul, C. Arnett Frank, S. DeLuca David, D. Diehl Alexander, Dunivin Raymond, Eilbeck Karen, Feolo Michael & Barry Smith - 2009 - Human Molecular Genetics 19 (4):707-719.
    Significant associations have been found between specific human leukocyte antigen (HLA) alleles and organ transplant rejection, autoimmune disease development, and the response to infection. Traditional searches for disease associations have conventionally measured risk associated with the presence of individual HLA alleles. However, given the high level of HLA polymorphism, the pattern of amino acid variability, and the fact that most of the HLA variation occurs at functionally important sites, it may be that a combination of variable amino acid sites shared (...)
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  25. The Ends of the Divine: David Bentley Hart and Jordan Daniel Wood on Grace.James Dominic Rooney - 2024 - Nova et Vetera 22 (3):811-840.
    David Bentley Hart and Jordan Daniel Wood are part of a movement aiming to overcome any separation between divine and human nature, avoiding what they see as a problematic account of grace. As opposed to radical kenoticism which holds that God only exists or has a given character in relation to creation, Hart and Wood appeal to facts about God such that He could not act otherwise towards human beings, given His character. They thereby ground conclusions that God (...)
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  26. The Path Not Taken: H.L.A. Hart’s Harvard Essay on Discretion.Nicola Lacey - 2013 - Harvard Law Review 127 (2):636-651.
    In this brief introduction, I shall rather reflect, from a biographer’s viewpoint, on the significance of Discretion for our understanding of the trajectory of Hart’s ideas and on the significance of his year at Harvard. I shall then move on to consider the intriguing question of why Hart did not subsequently publish or build on some of the key insights in the paper itself. Here I highlight the fact that, almost uniquely in Hart’s work, Discretion features a (...)
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  27. Law Is the Command of the Sovereign: H. L. A. Hart Reconsidered.Andrew Stumpff Morrison - 2016 - Ratio Juris 29 (3):364-384.
    This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or (...)
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  28. Review of Harte and Lane, eds., Politeia in Greek and Roman Philosophy. [REVIEW]Thornton Lockwood - 2014 - Bryn Mawr Classical Review 8:48.
    Malcolm Schofield, the honorand of this Festschrift, needs no introduction to scholars working in classics and ancient philosophy. The volume includes a six and a half page bibliography of his works over the last 30 years, and his books, translations, edited collections, and articles range over all subsections and periods of ancient philosophy, from the pre-Socratics through Hellenistic Greek and Roman philosophy. His two most recent books--<i>Plato: Political Philosophy</i> (Oxford, 2006) and an edited volume of Plato translations (Cambridge, 2010)--have focused (...)
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  29. H.L.A. Hart’s Lost Essay: Discretion and the Legal Process School.Geoffrey C. Shaw - 2013 - Harvard Law Review 127 (2):666-727.
    This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and (...)
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  30.  72
    Evil Law as the Pure Law: Critical Remarks on the Philosophy of Law of H.L.A. Hart.Andrei Nekhaev - 2019 - Tomsk State University Journal 20 (440):72–80.
    The article examines the issue of a necessary connection between the phenomena of law and morality. According to legal positiv- ism, morality is not a criterion of the legitimacy for legal norms. The law can have any content including absolutely immoral (the so-called “separability thesis”). Law issues are not connected with discussing the moral merits of a possible judicial decision. They are only closely related to studying various purely legal phenomena like precedents, judicial discretion, legislatures, etc. The ascriptive legal statements (...)
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  31. Three Concepts of Law: The Ambiguous Legacy of H.L.A. Hart.Brian Slattery - 1998 - Saskatchewan Law Review 61:323-39.
    The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...)
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  32. An alternative to charitable interpretation, with H.L.A. Hart.Terence Rajivan Edward - manuscript
    Philosophers, and students of philosophy, are often advised to interpret other philosophers charitably. In this paper, I present an alternative to interpreting charitably. I call it “the simple-model technique” and use H.L.A. Hart responding to John Rawls to illustrate it.
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  33. Puzzles from Joseph Raz’s obituary of H.L.A. Hart.Terence Rajivan Edward - manuscript
    Joseph Raz’s obituary of H.L.A. Hart for Utilitas raises certain puzzles, especially for readers coming from the research area analytic political philosophy. I present three puzzles.
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  34. In Defense of Hart’s Supposedly Refuted Theory of Rules.Jeffrey Kaplan - 2021 - Ratio Juris 34 (4):331-355.
    Ratio Juris, Volume 34, Issue 4, Page 331-355, December 2021.
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  35. Contemporary legal philosophising: Schmitt, Kelsen, Lukács, Hart, & law and literature, with Marxism's dark legacy in Central Europe (on teaching legal philosophy in appendix).Csaba Varga - 2013 - Budapest: Szent István Társulat.
    Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...)
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  36. (1 other version)What “everyone” needs to know? H.L.A. Hart and Scott Soames on reducing liberty.Terence Rajivan Edward - manuscript
    This is a two-page handout covering the subtle differences between H.L.A. Hart and Scott Soames on whether the protection of basic liberties would be prioritized using the original position method.
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  37.  44
    Utopian Rationalism in American Legal Thought: A Critique of the Hart & Sacks Legal Process Materials.Duncan Kennedy - manuscript
    This paper works out the scheme of “institutional competences” that underlies the famous Hart and Sacks Legal Process Materials first distributed in final mimeographed form in1958. The Materials were not published during the life times of their authors but were nonetheless a major influence on American legal thought from their first distribution as course materials at Harvard Law School until their abrupt fall from prominence in the early 1970s. The Materials offer the scheme as a solution to the apparent (...)
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  38. Law and Morality: An Appraisal of Hart's Concept of Law.John Ezenwankwor - 2013 - Enugu Nigeria: Claretian Communications.
    In an attempt to resolve the problem or the marriage between law and morality, Dr. John Ezenwankwor publishes this book, Law and Morality: An Appraisal of Hart's Concept of Law. In it, he delves into a critical analysis of the works of a British legal philosopher, Herbert Lionel Adolphus Hart (1907-1992), who made landmark contributions to the moral and legal questions surrounding human actions or conducts. Incidentally, he surpasses his master, Hart, in this book, by correcting his (...)
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  39. Le modèle hiérarchique et le Concept de droit de Hart.Massimo La Torre - 2013 - Revus 21:117-139.
    Le droit est traditionnellement lié à la pratique du commandement et de la hiérarchie. Il semble qu’une règle juridique établisse une immédiate relation entre une norme supérieure et une norme inférieure. La conception hiérarchique et impérative peut néanmoins être remise en cause dès lors que la phénoménologie de la règle juridique est appréhendée d’un point de vue interne, celui de ceux que l’on peut considérer comme les « utilisateurs » de la règle plutôt que ceux qui la subissent. Une approche (...)
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  40. M. H. Kramer, C. Grant, B. Colburn, and A. Hatzistavrou, eds. The Legacy of H. L. A. Hart: Legal, Political, and Moral Philosophy[REVIEW]Shane Ralston - 2010 - Philosophy in Review 30 (2):111-114.
    H. L. A. Hart’s (1907-1992) influence on contemporary philosophy is not restricted to the philosophy of law. As the book’s sub-title suggests and the table of contents confirm, he wrote widely on matters social, political and moral, not just legal. Probably best known for The Concept of Law (1961), Hart also authored a collection of essays on Jeremy Bentham (Essays on Bentham,1982), two books on the morality of criminal law based on his exchange with Lord Patrick Devlin (Law, (...)
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  41. Book Review: Rightful Relations with Distant Strangers: Kant, the EU, and the Wider World, by Aravind Ganesh (Oxford: Hart Publishing, 2021). [REVIEW]Joris van de Riet - 2023 - Common Market Law Review 60 (3):913-916.
    This is review of the book "Rightful Relations with Distant Strangers: Kant, the EU, and the Wider World" by Aravind Ganesh, which discusses the relevance of Immanuel Kant's legal philosophy for the European Union's exercise of extraterritorial jurisdiction. The book explores this issue from the perspectives of public international law and private law theory as well.
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  42. Mario Ricciardi, Diritto e natura. H.L.A. Hart e la filosofia di Oxford. [REVIEW]Lorenzo Greco - 2009 - Mondoperaio 8:89-91.
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  43. Regulative Rules: A Distinctive Normative Kind.Reiland Indrek - 2024 - Philosophy and Phenomenological Research 108 (3):772-791.
    What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human activity: enactment by an authority or acceptance by (...)
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  44. Quasi-Expressivism about Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - 2018 - In John Gardner, Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law Volume 3. Oxford University Press. pp. 49-86.
    Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in (...)
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  45. Punishment, Judges and Jesters: A Reply to Nathan Hanna.Bill Wringe - forthcoming - Ethical Theory and Moral Practice.
    Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna 2017 p969). I’ll try (...)
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  46. Social Norms and Social Practices.John Lawless - 2023 - Philosophy and Social Criticism:1-27.
    Theories of social norms frequently define social norms in terms of individuals’ beliefs and preferences, and so afford individual beliefs and preferences conceptual priority over social norms. I argue that this treatment of social norms is unsustainable. Taking Bicchieri’s theory as an exemplar of this approach, I argue, first, that Bicchieri’s framework bears important structural similarities with the command theory of law; and second, that Hart’s arguments against the command theory of law, suitably recast, reveal the fundamental problems with (...)
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  47. The Separability Thesis: A Comparison Between Natural Law and Legal Positivism.Owen Jeffrey Crocker - 2022 - Sophia: Undergraduate Journal of Philosophy 16 (1):60-71.
    The purpose of this paper is to examine the separability of law and morality within an analytic jurisprudential framework. The paper is comprised of four parts. First, the separability thesis will be discussed and defined. Second, Hart’s legal positivist account of law will be presented, which defends the separability thesis. Third, two objections from a natural law perspective (classical and contemporary) will be proposed against the legal positivist position, thereby rejecting the separability thesis. Each objection will be accompanied by (...)
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  48. What Does ‘Legal Obligation’ Mean?Daniel Wodak - 2018 - Pacific Philosophical Quarterly 99 (4):790-816.
    What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, I show how (...)
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  49. It's Murder!(?).Steven M. Duncan - 2013 - Seattle Critical Review (3):8-12.
    Although this piece was inspired by the kinds of legal puzzles discussed by Hart and Honore in Causation in the Law, the puzzle cases presented here are intended to test the reader's intuitions about what constitutes murder. Play along!
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  50. The Varieties of Normativity: An Essay on Social Ontology.Leo Zaibert & Barry Smith - 2007 - In Savas L. Tsohatzidis (ed.), Intentional Acts and Institutional Facts: Essays on John Searle’s Social Ontology. Springer. pp. 157-173.
    For much of the first fifty years of its existence, analytic philosophy shunned discussions of normativity and ethics. Ethical statements were considered as pseudo-propositions, or as expressions of pro- or con-attitudes of minor theoretical significance. Nowadays, in contrast, prominent analytic philosophers pay close attention to normative problems. Here we focus our attention on the work of Searle, at the same time drawing out an important connection between Searle’s work and that of two other seminal figures in this development: H.L.A. (...) and John Rawls. We show that all three thinkers tend to assume that there is but one type of normativity within the realm of social institutions – roughly, the sort of normativity that is involved in following the results of chess – and that they thereby neglect features that are of crucial significance for an adequate understanding of social reality. (shrink)
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