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Grant Lamond, Coercion and the nature of law - PhilPapers ~ It is a commonplace that coercion forms part of the nature of law: Law is inherently coercive. . The Nature of Law and Legal Systems in Philosophy of Law (categorize this paper) DOI 10.1017/S1352325201071026: . Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 183. View all 13 citations / Add more citations .
COERCION AND THE NATURE OF LAW / Legal Theory / Cambridge Core ~ It is a commonplace that coercion forms part of the nature of law: Law is inherently coercive. But how well founded is this claim, and what would it mean for coercion to be part of the ânatureâ of law? This article suggests that the claim is grounded in our current conception of law.
Oxford Legal Philosophy - Oxford University Press ~ Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of .
Philosophical Foundations of the Nature of Law - Oxford ~ In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This book takes stock of current debates on the nature of law and the aims and methods of legal philosophy. The book covers four broad themes.
The Nature of Legal Philosophy - ResearchGate ~ Download Citation / The Nature of Legal Philosophy / Philosophy is general and systematic reflection about what there is, what ought to be done or is good, and how knowledge about both is possible .
Robert C. Hughes, Law and Coercion - PhilPapers ~ Some legal philosophers argue that given an adequate account of coercion and coerciveness, the enforcement of law in actual legal systems will generally not count as coercive. Others accept that actual legal systems enforce many laws coercively, but they deny that law has a necessary connection with coercion.
Philosophical Foundations of the Nature of Law / Oxford ~ In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy.
Oxford Handbook of Jurisprudence and Philosophy of Law ~ The Oxford Handbook of Jurisprudence and Philosophy of Law brings together articles by twenty-six of the foremost legal theorists currently writing, to provide an overview of jurisprudential scholarship. Each article presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study.
The Forces of Law: Duty, Coercion and Power by Leslie ~ This paper addresses the question of the relationship between law and coercive force. It defends, against Frederick Schauerâs claims in his book, The Force of Law, the following propositions: (a) The force of law consists in three things, not one: the imposition of duties, the use of coercion, and the exercise of social power.
Philosophy of the Common Law - Oxford Handbooks ~ This article presents current practice and historical evidence about the common law. Common law and its widely shared conceptualizations are considerably very complex. It discusses the concept of artificial reason in common law that differs in two respects from natural law. The aim of this artificial reason is as a convergence of judgment on common solutions, thereby securing effective .
The Force of Law: Law and Coercion, Validity and ~ Abstract. This paper considers the two claims Schauer introduces in The Force of Law.Firstly, the paper seeks to establish that coercion is (a) generally part of the law; and (b) occasionally may not be. Secondly, I intend to demonstrate that despite the fact that the relationship between rules and facts within a normative system could be necessary, sufficient or desirable, in all cases is a .
The Role of Coercion in the Jurisprudence of Hart and Raz ~ He then examines the classic questions of philosophy of law, including the nature of law, positivism, natural law, the relationship between law and morality, unjust legal systems, and the .
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Law and Coercion - Oxford Scholarship ~ In spite of all the evidence found that affirms the idea that legal orders do not take into consideration the concept of the state and its institutions and its structures enough, legal theory is evidently restricted to the law and legal systems of modern states. The main issue in this chapter concerns the place of coercion in a social amount of .
The Nature and process of law : an introduction to legal ~ An illustration of an open book. Books. An illustration of two cells of a film strip. Video An illustration of an audio speaker. . The Nature and process of law : an introduction to legal philosophy . The Nature and process of law : an introduction to legal philosophy by Smith, Patricia, 1956-Publication date 1993
Coercion and the Normativity of Law: Some Critical Remarks ~ To understand the effect of the law and its capacity to motivate the action of citizens and officials, jurisprudence should neither focus on the individual attitudes towards a legal rule, as Schauer appears to be doing in his book, nor concentrate in the cases where the law comes into conflict with oneâs interests or moral convictions.
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Philosophical Foundations of the Nature of Law - Hardcover ~ In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy.The volume .
Philosophy Of Law Books - Meet your next favorite book ~ Books shelved as philosophy-of-law: The Concept of Law by H.L.A. Hart, The Authority of Law by Joseph Raz, Natural Law and Natural Rights by John Finnis,.
Dictionary of Law - Oxford Reference ~ Over 4,700 entriesThis best-selling dictionary is an authoritative and comprehensive source of jargon-free legal information. Its entries clearly define the major terms, concepts, processes, and the organization of the English legal system. Described by leading university lecturers as 'the best law dictionary' and 'excellent for non-law students as well as law undergraduates', this classic .
An Introduction to the Philosophy of Law - Online Library ~ I: The Function of Legal Philosophy. FOR twenty-four hundred yearsâfrom the Greek thinkers of the fifth century bc, who asked whether right was right by nature or only by enactment and convention, to the social philosophers of today, who seek the ends, the ethical basis and the enduring principles of social controlâthe philosophy of law has taken a leading rĂ´le in all study of human .
Grant Lamond / Oxford Law Faculty ~ Grant Lamond is University Lecturer in Legal Philosophy and the Felix Frankfurter Fellow in Law, Balliol College. He holds degrees in Philosophy and Law from the University of Sydney and took the BCL at Magdalen College. He was a Junior Research Fellow at St Edmund Hall, where he completed his DPhil.
Philosophy of law - Wikipedia ~ Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?"Philosophy of law and jurisprudence are often used interchangeably, though .
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