Results 211 to 220 of about 498,183 (262)
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2015
According to the interpretation I described in the previous chapter, the distinctive feature of law is its capacity to use physical force or the threat of physical force to compel subjects to obey. This, however, assumes that Hobbes’ account of law conflates the causal and normative aspects of legal guidance or, simply, that his political and legal ...
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According to the interpretation I described in the previous chapter, the distinctive feature of law is its capacity to use physical force or the threat of physical force to compel subjects to obey. This, however, assumes that Hobbes’ account of law conflates the causal and normative aspects of legal guidance or, simply, that his political and legal ...
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Canadian Journal of Law & Jurisprudence, 1989
The nature of authority has been much debated in legal and political philosophy, and the terminology is not stable. I shall begin by stipulating how I understand some of the key terms used in this paper1. I consider authority here as a property of laws and of legal systems.
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The nature of authority has been much debated in legal and political philosophy, and the terminology is not stable. I shall begin by stipulating how I understand some of the key terms used in this paper1. I consider authority here as a property of laws and of legal systems.
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2021
This chapter summarizes the reasons for doubting that any government has authority. The main arguments for government authority all fail, including the actual social contract theory, the hypothetical contract theory, democratic theories, and utilitarian theories of authority.
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This chapter summarizes the reasons for doubting that any government has authority. The main arguments for government authority all fail, including the actual social contract theory, the hypothetical contract theory, democratic theories, and utilitarian theories of authority.
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1975
“When ignorance reigns in society and disorder in the minds of men, laws are multiplied, legislation is expected to do everything, and each fresh law being a fresh miscalculation, men are continually led to demand from it what can proceed only from themselves, from their own education and their own morality.” It is no revolutionist who says this, not ...
Emile Capouya, Keitha Tompkins
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“When ignorance reigns in society and disorder in the minds of men, laws are multiplied, legislation is expected to do everything, and each fresh law being a fresh miscalculation, men are continually led to demand from it what can proceed only from themselves, from their own education and their own morality.” It is no revolutionist who says this, not ...
Emile Capouya, Keitha Tompkins
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The Authority of Law: Essays on Law and Morality.
The Philosophical Review, 1982This book is concerned with the nature of law and its relation to morality, concentrating on the proper moral attitude of a citizen towards the law of his country. The author begins by presenting a new analysis of the concept of legitimate authority and then gives a detailed explanation of the legal positivist's approach to law.
David Lyons, Joseph Raz
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2018
Law transforms our lives in the most important way: it changes how we act and because of this it gives rise to fundamental questions. One such question concerns legal authority and individual autonomy and asks; if we are autonomous agents how do legislators, judges and officials have legitimate authority to change our actions and indirectly change how ...
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Law transforms our lives in the most important way: it changes how we act and because of this it gives rise to fundamental questions. One such question concerns legal authority and individual autonomy and asks; if we are autonomous agents how do legislators, judges and officials have legitimate authority to change our actions and indirectly change how ...
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Ethics, 1964
T HE problem of the relationship of law and morality is basic both for political theory and for social policy. The following theses are an attempt to clarify this relationship. 1. The authority of law is not normative but situational. Law exerts compulsion by excluding alternatives.
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T HE problem of the relationship of law and morality is basic both for political theory and for social policy. The following theses are an attempt to clarify this relationship. 1. The authority of law is not normative but situational. Law exerts compulsion by excluding alternatives.
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2006
AbstractThis chapter re-examines the transition from status to contract and from contractual individualism to legal collectivism by scrutinizing the authority of the law from three successive vantage points. It begins by surveying English criminal law reform, then considers English civil law reform, and concludes by exploring the evolution of ‘British’
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AbstractThis chapter re-examines the transition from status to contract and from contractual individualism to legal collectivism by scrutinizing the authority of the law from three successive vantage points. It begins by surveying English criminal law reform, then considers English civil law reform, and concludes by exploring the evolution of ‘British’
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Royal Institute of Philosophy Supplement, 1988
Despite the emphasis on the state in the history of political philosophy, the twentieth century has been characterized by a remarkable lack of philosophical reflection on the concept. Until recently analytical philosophy had eschewed those evaluative arguments about political obligation and the limits of state authority that were typical of political ...
Norman Barry, Keith Graham
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Despite the emphasis on the state in the history of political philosophy, the twentieth century has been characterized by a remarkable lack of philosophical reflection on the concept. Until recently analytical philosophy had eschewed those evaluative arguments about political obligation and the limits of state authority that were typical of political ...
Norman Barry, Keith Graham
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2018
What happens in the agent that enables her to comply with the legal command or directive? When we perform an action because we are complying with the legal command or directive, are we still active, self-governed autonomous agents? In what sense are we still autonomous agents? The task of this study is to explain what legal authority is and the premise
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What happens in the agent that enables her to comply with the legal command or directive? When we perform an action because we are complying with the legal command or directive, are we still active, self-governed autonomous agents? In what sense are we still autonomous agents? The task of this study is to explain what legal authority is and the premise
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