Tag: Legal Positivism

Topics

Books

Natural Law Theory: Contemporary Essays

– Oxford University Press, 1992.
Description from Publisher: Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and… More

The Autonomy of Law: Essays on Legal Positivism

– Oxford University Press, 1996.
Description from Publisher: This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an… More

Natural Law and Positive Law

– In Robert P. George (ed.), The Autonomy of Law:  Essays on Legal Positivism (Oxford University Press, 1996). Reprinted in David McLean (ed.), Common Truths:  New Perspectives on the Natural Law (ISI Books, 1999); in Aileen Kavanagh and John Oberdiek, Arguing about Law (Routledge, 2009); and in Spanish translation in Persona y Derecho 39 (1998).

One Hundred Years of Legal Philosophy

– Notre Dame Law Review 74:5 (1999). Reprinted in Brian J. Shanley (ed.), One Hundred Years of Philosophy (Catholic University of America Press, 2001), and as “What is Law? A Century of Arguments,” in First Things 112 (April 2001).
There is a sense in which twentieth century legal philosophy began on January 8, 1897. On that day, Oliver Wendell Holmes, then a justice of the Supreme Judicial Court of Massachusetts,… More

The Natural Law Due Process Philosophy

– Fordham Law Review 69:6 (2001). Reprinted in T. Campbell (ed.), International Library of Essays in Law and Legal Theory, 2nd Series (Dartmouth Publishing Co. and Ashgate Publishing Ltd., 2003).
I am grateful to Joseph Koterski and James Fleming for their comments on my paper. Father Koterski and I agree more than we disagree. Things are the other way with Professor Fleming, so I… More

Legal Positivism

– In Herbert Kritzer (ed.), Legal Systems of the World (ABC-CLIO, 2002).

Oliver Wendell Holmes on Natural Law

– Villanova Law Review 48:1 (2002). Reprinted in Regent University Law Review 15:2 (Spring 2002-2003); The Good Society 12:3 (2003); and Jean DeGroot (ed.), Nature in American Philosophy (Catholic University of America Press, 2004).
My dear Laski, Your remark about the “oughts” and system of values in political science leaves me rather cold. If, as I think, the values are simply generalizations emotionally… More

The Unorthodox Liberalism of Joseph Raz

– Revised and expanded in Christopher Wolfe (ed.), Liberalism at the Crossroads, 2nd Edition (Rowman and Littlefield, 2003). Original version published in The Review of Politics 53:4 (Fall 1991). Reprinted in Christopher Wolfe and John Hittinger (eds.), Liberalism at the Crossroads (Rowman & Littlefield, 1994).
Abstract (from The Review of Politics): In The Morality of Freedom, Joseph Raz has challenged the anti-perfectionism of orthodox liberal political theory and proposed an alternative form of… More

Natural Law

– In Keith Whittington, R. Daniel Kelemen, and Gregory A. Caldeira (eds.), The Oxford Handbook of Law and Politics (Oxford University Press, 2008).
Abstract: Theories of natural law propose to identify fundamental aspects of human well-being and fulfillment (“basic human goods”), and norms of conduct entailed by their integral… More

Essays

Natural Law Theory: Contemporary Essays

– Oxford University Press, 1992.
Description from Publisher: Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and… More

The Autonomy of Law: Essays on Legal Positivism

– Oxford University Press, 1996.
Description from Publisher: This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an… More

Natural Law and Positive Law

– In Robert P. George (ed.), The Autonomy of Law:  Essays on Legal Positivism (Oxford University Press, 1996). Reprinted in David McLean (ed.), Common Truths:  New Perspectives on the Natural Law (ISI Books, 1999); in Aileen Kavanagh and John Oberdiek, Arguing about Law (Routledge, 2009); and in Spanish translation in Persona y Derecho 39 (1998).

One Hundred Years of Legal Philosophy

– Notre Dame Law Review 74:5 (1999). Reprinted in Brian J. Shanley (ed.), One Hundred Years of Philosophy (Catholic University of America Press, 2001), and as “What is Law? A Century of Arguments,” in First Things 112 (April 2001).
There is a sense in which twentieth century legal philosophy began on January 8, 1897. On that day, Oliver Wendell Holmes, then a justice of the Supreme Judicial Court of Massachusetts,… More

The Natural Law Due Process Philosophy

– Fordham Law Review 69:6 (2001). Reprinted in T. Campbell (ed.), International Library of Essays in Law and Legal Theory, 2nd Series (Dartmouth Publishing Co. and Ashgate Publishing Ltd., 2003).
I am grateful to Joseph Koterski and James Fleming for their comments on my paper. Father Koterski and I agree more than we disagree. Things are the other way with Professor Fleming, so I… More

Legal Positivism

– In Herbert Kritzer (ed.), Legal Systems of the World (ABC-CLIO, 2002).

Oliver Wendell Holmes on Natural Law

– Villanova Law Review 48:1 (2002). Reprinted in Regent University Law Review 15:2 (Spring 2002-2003); The Good Society 12:3 (2003); and Jean DeGroot (ed.), Nature in American Philosophy (Catholic University of America Press, 2004).
My dear Laski, Your remark about the “oughts” and system of values in political science leaves me rather cold. If, as I think, the values are simply generalizations emotionally… More

The Unorthodox Liberalism of Joseph Raz

– Revised and expanded in Christopher Wolfe (ed.), Liberalism at the Crossroads, 2nd Edition (Rowman and Littlefield, 2003). Original version published in The Review of Politics 53:4 (Fall 1991). Reprinted in Christopher Wolfe and John Hittinger (eds.), Liberalism at the Crossroads (Rowman & Littlefield, 1994).
Abstract (from The Review of Politics): In The Morality of Freedom, Joseph Raz has challenged the anti-perfectionism of orthodox liberal political theory and proposed an alternative form of… More

Natural Law

– In Keith Whittington, R. Daniel Kelemen, and Gregory A. Caldeira (eds.), The Oxford Handbook of Law and Politics (Oxford University Press, 2008).
Abstract: Theories of natural law propose to identify fundamental aspects of human well-being and fulfillment (“basic human goods”), and norms of conduct entailed by their integral… More

Commentary

Natural Law Theory: Contemporary Essays

– Oxford University Press, 1992.
Description from Publisher: Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and… More

The Autonomy of Law: Essays on Legal Positivism

– Oxford University Press, 1996.
Description from Publisher: This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an… More

Natural Law and Positive Law

– In Robert P. George (ed.), The Autonomy of Law:  Essays on Legal Positivism (Oxford University Press, 1996). Reprinted in David McLean (ed.), Common Truths:  New Perspectives on the Natural Law (ISI Books, 1999); in Aileen Kavanagh and John Oberdiek, Arguing about Law (Routledge, 2009); and in Spanish translation in Persona y Derecho 39 (1998).

One Hundred Years of Legal Philosophy

– Notre Dame Law Review 74:5 (1999). Reprinted in Brian J. Shanley (ed.), One Hundred Years of Philosophy (Catholic University of America Press, 2001), and as “What is Law? A Century of Arguments,” in First Things 112 (April 2001).
There is a sense in which twentieth century legal philosophy began on January 8, 1897. On that day, Oliver Wendell Holmes, then a justice of the Supreme Judicial Court of Massachusetts,… More

The Natural Law Due Process Philosophy

– Fordham Law Review 69:6 (2001). Reprinted in T. Campbell (ed.), International Library of Essays in Law and Legal Theory, 2nd Series (Dartmouth Publishing Co. and Ashgate Publishing Ltd., 2003).
I am grateful to Joseph Koterski and James Fleming for their comments on my paper. Father Koterski and I agree more than we disagree. Things are the other way with Professor Fleming, so I… More

Legal Positivism

– In Herbert Kritzer (ed.), Legal Systems of the World (ABC-CLIO, 2002).

Oliver Wendell Holmes on Natural Law

– Villanova Law Review 48:1 (2002). Reprinted in Regent University Law Review 15:2 (Spring 2002-2003); The Good Society 12:3 (2003); and Jean DeGroot (ed.), Nature in American Philosophy (Catholic University of America Press, 2004).
My dear Laski, Your remark about the “oughts” and system of values in political science leaves me rather cold. If, as I think, the values are simply generalizations emotionally… More

The Unorthodox Liberalism of Joseph Raz

– Revised and expanded in Christopher Wolfe (ed.), Liberalism at the Crossroads, 2nd Edition (Rowman and Littlefield, 2003). Original version published in The Review of Politics 53:4 (Fall 1991). Reprinted in Christopher Wolfe and John Hittinger (eds.), Liberalism at the Crossroads (Rowman & Littlefield, 1994).
Abstract (from The Review of Politics): In The Morality of Freedom, Joseph Raz has challenged the anti-perfectionism of orthodox liberal political theory and proposed an alternative form of… More

Natural Law

– In Keith Whittington, R. Daniel Kelemen, and Gregory A. Caldeira (eds.), The Oxford Handbook of Law and Politics (Oxford University Press, 2008).
Abstract: Theories of natural law propose to identify fundamental aspects of human well-being and fulfillment (“basic human goods”), and norms of conduct entailed by their integral… More

Multimedia

Natural Law Theory: Contemporary Essays

– Oxford University Press, 1992.
Description from Publisher: Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and… More

The Autonomy of Law: Essays on Legal Positivism

– Oxford University Press, 1996.
Description from Publisher: This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an… More

Natural Law and Positive Law

– In Robert P. George (ed.), The Autonomy of Law:  Essays on Legal Positivism (Oxford University Press, 1996). Reprinted in David McLean (ed.), Common Truths:  New Perspectives on the Natural Law (ISI Books, 1999); in Aileen Kavanagh and John Oberdiek, Arguing about Law (Routledge, 2009); and in Spanish translation in Persona y Derecho 39 (1998).

One Hundred Years of Legal Philosophy

– Notre Dame Law Review 74:5 (1999). Reprinted in Brian J. Shanley (ed.), One Hundred Years of Philosophy (Catholic University of America Press, 2001), and as “What is Law? A Century of Arguments,” in First Things 112 (April 2001).
There is a sense in which twentieth century legal philosophy began on January 8, 1897. On that day, Oliver Wendell Holmes, then a justice of the Supreme Judicial Court of Massachusetts,… More

The Natural Law Due Process Philosophy

– Fordham Law Review 69:6 (2001). Reprinted in T. Campbell (ed.), International Library of Essays in Law and Legal Theory, 2nd Series (Dartmouth Publishing Co. and Ashgate Publishing Ltd., 2003).
I am grateful to Joseph Koterski and James Fleming for their comments on my paper. Father Koterski and I agree more than we disagree. Things are the other way with Professor Fleming, so I… More

Legal Positivism

– In Herbert Kritzer (ed.), Legal Systems of the World (ABC-CLIO, 2002).

Oliver Wendell Holmes on Natural Law

– Villanova Law Review 48:1 (2002). Reprinted in Regent University Law Review 15:2 (Spring 2002-2003); The Good Society 12:3 (2003); and Jean DeGroot (ed.), Nature in American Philosophy (Catholic University of America Press, 2004).
My dear Laski, Your remark about the “oughts” and system of values in political science leaves me rather cold. If, as I think, the values are simply generalizations emotionally… More

The Unorthodox Liberalism of Joseph Raz

– Revised and expanded in Christopher Wolfe (ed.), Liberalism at the Crossroads, 2nd Edition (Rowman and Littlefield, 2003). Original version published in The Review of Politics 53:4 (Fall 1991). Reprinted in Christopher Wolfe and John Hittinger (eds.), Liberalism at the Crossroads (Rowman & Littlefield, 1994).
Abstract (from The Review of Politics): In The Morality of Freedom, Joseph Raz has challenged the anti-perfectionism of orthodox liberal political theory and proposed an alternative form of… More

Natural Law

– In Keith Whittington, R. Daniel Kelemen, and Gregory A. Caldeira (eds.), The Oxford Handbook of Law and Politics (Oxford University Press, 2008).
Abstract: Theories of natural law propose to identify fundamental aspects of human well-being and fulfillment (“basic human goods”), and norms of conduct entailed by their integral… More

Teaching

Natural Law Theory: Contemporary Essays

– Oxford University Press, 1992.
Description from Publisher: Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and… More

The Autonomy of Law: Essays on Legal Positivism

– Oxford University Press, 1996.
Description from Publisher: This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an… More

Natural Law and Positive Law

– In Robert P. George (ed.), The Autonomy of Law:  Essays on Legal Positivism (Oxford University Press, 1996). Reprinted in David McLean (ed.), Common Truths:  New Perspectives on the Natural Law (ISI Books, 1999); in Aileen Kavanagh and John Oberdiek, Arguing about Law (Routledge, 2009); and in Spanish translation in Persona y Derecho 39 (1998).

One Hundred Years of Legal Philosophy

– Notre Dame Law Review 74:5 (1999). Reprinted in Brian J. Shanley (ed.), One Hundred Years of Philosophy (Catholic University of America Press, 2001), and as “What is Law? A Century of Arguments,” in First Things 112 (April 2001).
There is a sense in which twentieth century legal philosophy began on January 8, 1897. On that day, Oliver Wendell Holmes, then a justice of the Supreme Judicial Court of Massachusetts,… More

The Natural Law Due Process Philosophy

– Fordham Law Review 69:6 (2001). Reprinted in T. Campbell (ed.), International Library of Essays in Law and Legal Theory, 2nd Series (Dartmouth Publishing Co. and Ashgate Publishing Ltd., 2003).
I am grateful to Joseph Koterski and James Fleming for their comments on my paper. Father Koterski and I agree more than we disagree. Things are the other way with Professor Fleming, so I… More

Legal Positivism

– In Herbert Kritzer (ed.), Legal Systems of the World (ABC-CLIO, 2002).

Oliver Wendell Holmes on Natural Law

– Villanova Law Review 48:1 (2002). Reprinted in Regent University Law Review 15:2 (Spring 2002-2003); The Good Society 12:3 (2003); and Jean DeGroot (ed.), Nature in American Philosophy (Catholic University of America Press, 2004).
My dear Laski, Your remark about the “oughts” and system of values in political science leaves me rather cold. If, as I think, the values are simply generalizations emotionally… More

The Unorthodox Liberalism of Joseph Raz

– Revised and expanded in Christopher Wolfe (ed.), Liberalism at the Crossroads, 2nd Edition (Rowman and Littlefield, 2003). Original version published in The Review of Politics 53:4 (Fall 1991). Reprinted in Christopher Wolfe and John Hittinger (eds.), Liberalism at the Crossroads (Rowman & Littlefield, 1994).
Abstract (from The Review of Politics): In The Morality of Freedom, Joseph Raz has challenged the anti-perfectionism of orthodox liberal political theory and proposed an alternative form of… More

Natural Law

– In Keith Whittington, R. Daniel Kelemen, and Gregory A. Caldeira (eds.), The Oxford Handbook of Law and Politics (Oxford University Press, 2008).
Abstract: Theories of natural law propose to identify fundamental aspects of human well-being and fulfillment (“basic human goods”), and norms of conduct entailed by their integral… More