Tag: Philosophy of Law
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Rule of Law
Rule of law Definition Rule of law means that any act of the government must be done through laws, that no one is above the law. However this principle has many controversial aspects, the core of it requires that fair laws should apply to all persons in a given jurisdiction. It also means […]
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Rule of Law
Rule of law Definition Rule of law means that any act of the government must be done through laws, that no one is above the law. However this principle has many controversial aspects, the core of it requires that fair laws should apply to all persons in a given jurisdiction. It also means […]
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Penal Code
Resources See Also Legal System Judiciary Justice
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Private Ethics
Private Ethics Limits between Private Ethics and the Art of Legislation Text of the Chapter XIX, § 1, titled “Limits between Private Ethics and the Art of Legislation” in the classical book “An Introduction to the Principles of Morals and Legislation”, by Jeremy Bentham: I. So much for the division of offences in general. Now…
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Normative Jurisprudence
Normative Jurisprudence Normative jurisprudence involves normative, evaluative, and otherwise prescriptive questions about the law. Freedom and the Limits of Legitimate Law Laws limit human autonomy by restricting freedom. (…) John Stuart Mill provides the classic liberal answer in the form of the harm principle: “[T]he sole end for which mankind are warranted, individually or collectively,…
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Natural Law Theory
Main source: Finnis, John, "Natural Law Theories", The Stanford Encyclopedia of Philosophy (Fall 2011 Edition), Edward N. Zalta (ed.), URL = . Definition of Legal Law Among the theories that define legal law there are: the theory of Hans Kelsen, who argues that law is […]
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John Finnis
John Finnis John Finnis is an Australian legal scholar who grew up in Adelaide before getting a Rhodes scholarship to Oxford. He is currently professor of law at Oxford. Finnis published Natural Law and Natural Rights in 1980, and the book is considered a seminal restatement of the natural law doctrine. Finnis is a practising…
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John Finnis
John Finnis John Finnis is an Australian legal scholar who grew up in Adelaide before getting a Rhodes scholarship to Oxford. He is currently professor of law at Oxford. Finnis published Natural Law and Natural Rights in 1980, and the book is considered a seminal restatement of the natural law doctrine. Finnis is a practising…
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Theory of Divine Law
John Finnis’ Theory of Divine Law The theory of divine law is a theory that there is some entity out there that created both legal laws and scientific laws. These types of laws are still separate, and in fact, people were well aware of this since at least the time of Plato and Aristotle. However,…
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Pure Theory of Law
Pure Theory of Law Overview Hans Kelsen was an Austrian legal theorist, who worked in Germany until the rise of the Nazi Party, and then in the USA. He published the first edition of The Pure Theory of Law in 1934, and a second, expanded edition (which I read) in 1960. The theory is ‘pure’…
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Pure Theory of Law
Pure Theory of Law Overview Hans Kelsen was an Austrian legal theorist, who worked in Germany until the rise of the Nazi Party, and then in the USA. He published the first edition of The Pure Theory of Law in 1934, and a second, expanded edition (which I read) in 1960. The theory is ‘pure’…
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Constitutionalism
Papers and Books Nicholas Aroney (2009). The Constitution of a Federal Commonwealth: The Making and Meaning of the Australian Constitution. Cambridge University Press. By analysing original sources and evaluating conceptual frameworks, this book discusses the idea proclaimed in the […]
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Constitutionalism
Papers and Books Nicholas Aroney (2009). The Constitution of a Federal Commonwealth: The Making and Meaning of the Australian Constitution. Cambridge University Press. By analysing original sources and evaluating conceptual frameworks, this book discusses the idea proclaimed in the […]
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Political Obligation
Political Obligation In relation to Legal Authority and Obligation, see also the entries about Legal Authority (here), Obligations in the Law (here) and Normativity of Law (here). A. P. D’Entrèves, in his 1968 paper titled “On the Nature of Political Obligation” (Philosophy 43 (166):309 – 323) argues that the phrase ‘political obligation’ is far more…