Oxford University Press (1994)
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Abstract |
This book develops a general philosophical theory about the nature of law and its relationship with morality called inclusive legal positivism. 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 different kinds of theories and attempting to answer different questions. The clarity of Waluchow's work will help to remove the confusion often present in jurisprudential debate.
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Keywords | Legal positivism |
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Call number | K331.W35 1994 |
ISBN(s) | 0198258127 9780198258124 |
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Citations of this work BETA
Fuller and the Folk: The Inner Morality of Law Revisited.Raff Donelson & Ivar R. Hannikainen - 2020 - In Oxford Studies in Experimental Philosophy, Volume 3. Oxford: pp. 6-28.
Grounding-based formulations of legal positivism.Samuele Chilovi - 2020 - Philosophical Studies 177 (11):3283-3302.
Robust Normativity, Morality, and Legal Positivism.David Plunkett - 2019 - In David Plunkett, Scott Shapiro & Kevin Toh (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. Oxford: Oxford University Press. pp. 105-136.
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, vol. 3. Oxford University Press. pp. 49-86.
An Argument Against the Social Fact Thesis (and Some Additional Preliminary Steps Towards a New Conception of Legal Positivism).Kevin Toh - 2008 - Law and Philosophy 27 (5):445 - 504.
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