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Legal Principles and the Limits of Law - JSTOR

Legal Principles and the Limits of Law Joseph Raz* Most people tend unreflectively to assume that laws belong to legal systems. "Most educated people," writes H. L.

http://www.jstor.org/stable/795152

Date added: January 7, 2013 - Views: 100

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The Authority of Law by Joseph Raz - JSTOR

The Authority of Law JOSEPH RAZ Oxford: ... 292 $28.50 On page 10o4 of the book discussed in this review, Joseph Raz characterizes legal philosophy. 'It is a criterion of adequacy of a legal theory,' he says, ... 8 See Legal principles and the limits of law (1972) 81 Yale L.]. 823; ...

http://www.jstor.org/stable/825672

Date added: May 29, 2013 - Views: 7

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Fallacy of Legal Certainty - University of Oregon School of Law

Joseph Raz, Legal Principles and the Limits of Law2 [S]tandards . . . increase the cost and difficulty of prediction ... it’s hard to imagine a form of law (and of legal interpretation) that doesn’t. 54FRIEDRICH HAYEK, LAW EGISLATION AND IBERTY 117 (1973). Title: Fallacy of Legal ...

http://law.uoregon.edu/assets/facultydocs/ofer/fallacyoflegalcertainty.pdf

Date added: December 12, 2013 - Views: 4

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ARTICLES THE FALLACY OF LEGAL CERTAINTY: WHY VAGUE LEGAL ...

Joseph Raz, Legal Principles and the Limits of Law2 [S]tandards . . . increase the cost and difficulty of prediction ... 186 PUBLIC INTEREST LAW JOURNAL [Vol. 19:175 legal disputes, do not acquaint themselves in advance with the dozens or hun-

http://www.bu.edu/law/central/jd/organizations/journals/pilj/vol19no2/documents/19-2RabanArticle.pdf

Date added: March 23, 2013 - Views: 3

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THE BOUNDARIES OF LAW AND THE SCOPE OF LEGAL PHILOSOPHY

11 Joseph Raz, “Legal Principles and the Limits of Law,” 81 Yale L.J. (1972) 823, 842. ... The issue addressed is that of the nature and limits of law”). 39 For the distinction between validity, content, and normativity see Priel, ...

http://www.trinitinture.com/documents/priel2.pdf

Date added: March 14, 2012 - Views: 8

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Aristotle's Theory of Equity - Loyola Marymount University

Joseph Raz, Legal Principles and the Limits of Law, 81 YALE L.J. 823 (1972), and NEIL MACCORMICK, ... ment of law and ethics). 22. JOSEPH RAz, Legal Reasons, Sources, and Gaps, in THE AUTHORITY OF LAW 53, 77 (1979). June 1994] 1249.

http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=1859&context=llr

Date added: October 23, 2012 - Views: 4

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THE CONCEPT OF NATIONAL LAW AND THE RULE OF RECOGNITION

Joseph Raz, Legal Principles and the Limits of Law, 81 YALE L.J. 823, 825, 848 (1972). There is a bit of dissonance within positivism, on this issue, concerning the status of custom as law. Raz takes the position that “[e]ven legal custom is not law until it is rec-

http://www.law.fsu.edu/journals/lawreview/downloads/294/Eisenberg.pdf

Date added: February 7, 2012 - Views: 5

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When the Rule Swallows the Exception - Quinnipiac University

... JOSEPH RAZ, PRACTICAL REASON AND NORMS 187-88 (2d ed. 1990); Ronald Dworkin, ... Legal Principles and the Limits of the Law, 81 YALE L.J. 823, 829-34 (1972) [hereinafter Raz, Legal Principles]. 5. Frederick Schauer, Exceptions, 58 U. CHI. L. REv. 871, 872 (1991). 6.

http://www.quinnipiac.edu/prebuilt/pdf/SchoolLaw/LawReviewLibrary/24_19QLR505(2000).pdf

Date added: December 12, 2013 - Views: 2

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The Convergence of Rules and Standards Frederick Schauer

rules (like speed limits) ... Clarendon Press, 1991), pp. 12-14; Joseph Raz, “Legal Principles and the Limits of Law,” Yale Law Journal, vol. 81 (1972), pp. 823-54; ... Law: A Comparative Study in Legal Reasoning, Legal Theory and Legal Institutions

http://www.hks.harvard.edu/var/ezp_site/storage/fckeditor/file/pdfs/centers-programs/centers/mrcbg/programs/rpp/working_papers/RPP-2001-07.pdf

Date added: January 14, 2014 - Views: 1

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The Morality of Legality - University of California, Berkeley

... the state is constituted by law and the limits of the authority of ... In an influential essay on legal authority Joseph Raz, ... What makes this array of claims possible is that for Raz the principles of the rule of law are derived from the ‘basic intuition’ that, ...

http://www.law.berkeley.edu/files/The_Morality_of_Legality_DDyzenhaus.pdf

Date added: July 13, 2012 - Views: 15

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The coherent principles approach to tax law design

5 For example, Joseph Raz said ‘Rules prescribe relatively specific acts; principles prescribe highly unspecific actions.’ in Legal Principles and the Limits of Law (1972) 81 Yale LJ 823 p. 838. The coherent principles approach to tax law design 78

http://tofa.treasury.gov.au/content/downloads/coherent_principles.pdf

Date added: July 18, 2013 - Views: 1

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Autonomy, Pluralism, and Contract Law Theory

Private Law Principles, ... Alan Schwartz & Robert E. Scott, Contract Theory and the Limits of Contract Law, 113 YALE L.J. 541, 556 (2003). 7. ... Joseph Raz, Promises in Morality and Law, 95 HARV. L. REV. 916, 933 (1982) (reviewing P. S.

http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=4358&context=lcp

Date added: October 3, 2013 - Views: 2

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Positivism and Legality Waldron - Homepage | NYU School of Law

... elementary principles of legal process, ... 12 For important discussions of the Rule of Law, see: Joseph Raz, The Rule of Law and ... NATURAL LAW AND NATURAL RIGHTS ____ (1980). 6 elsewhere in the forms and limits of adjudication.13 In fact, Fuller also made the mistake of calling the ...

http://www.law.nyu.edu/sites/default/files/upload_documents/Positivism_and_Legality_Waldron.pdf

Date added: October 26, 2013 - Views: 2

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The Rule of Law and the Rule of Laws

I posit two active principles for the legal system to adopt: 1) an obligation ... Joseph Raz or of John Finnis. II. THE RULE OF LAW John of Salisbury, ... limits the efficiency of an evil government because the Rule of Law limits

http://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi?article=1826&context=clevstlrev

Date added: July 9, 2014 - Views: 1

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The rule of law - Bond University

Legal philosopher, Joseph Raz asserts that the rule of law ... people and the limits of kings". In a nutshell, then, ... A system that respects the rule of law runs according to legal principles that have general application. "Freedom of

http://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1027&context=nle

Date added: August 2, 2013 - Views: 4

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Rule of Law Blackwell 1 - University of Southern California

Rights, pp. 270-276, Neil McCormick, ‘Natural Law and The Separation of Law and Morals’, and Joseph Raz, The ... In my essay on ‘The Rule of Law and its Limits’, I have argued at some length that ... the lack of legal governance is a moral deficiency. We have law and legal sys-tems ...

http://lawweb.usc.edu/users/amarmor/documents/RuleofLawBlackwell_1_.pdf

Date added: March 2, 2012 - Views: 3

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SOURCE (OR PART OF THE FOLLOWING SOURCE): Downloaded from UvA ...

33 The generalit y criterion is used for example by Joseph Raz, Legal Principles and thethe Limits of Law, The Yale Law Journal, ... Seee for example Raz, Legal Principles and the Limits of Law, on pp. 841-842. 104 4 . ... See J. Raz, Legal Principles and the Limits of Law, in: M. Cohen ...

http://dare.uva.nl/document/57395

Date added: February 16, 2014 - Views: 1

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(,1 2 1/,1( - University of Virginia School of Law

versions of legal positivism proposed by H.L.A. Hart and Joseph Raz2 and the theory of legal rights proposed by Ronald Dworkin.' ... The Concept of Law (1961); J. Raz, The Authority of Law: Essays on Law and Morality ... expanded to include statements of general legal principles,21 which often

http://www.law.virginia.edu/pdf/faculty/hein/rutherglen/76va_l_rev1441_1990.pdf

Date added: May 25, 2013 - Views: 2

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Philosophy of Law - Penn State Law

Philosophers of law are concerned with providing a general philosophical analysis of law and legal institutions. ... principles of natural law explain the obligatory force ... While Joseph Raz does not appear to endorse

http://law.psu.edu/_file/LPSCrashCourseInLegalTheory.pdf

Date added: March 2, 2012 - Views: 14

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The Failure of the Rule of Law in Cyberspace?: Reorienting ...

Joseph Raz, The Rule of Law and Its Virtue, in The Authority of Law: ... Jurisdictional and choice-of-law principles are recognized, funda-mentally, ... private legal ordering, the limits of enforcement jurisdiction, ...

http://repository.jmls.edu/cgi/viewcontent.cgi?article=1027&context=jitpl

Date added: April 18, 2014 - Views: 1

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Brady.The Source Thesis - WebBlog Dosen

This short paper offers a critique of Joseph Raz’s authority-based argument for what he terms ... to begin by reflecting on what Raz calls the thesis of the limits of the law. This is the thesis ... 3 J Raz, 'Legal Principles and the Limits of Law' (1972) 81 Yale Law Journal 823 842; ...

http://dosen.narotama.ac.id/wp-content/uploads/2012/03/Razs-authority-based-argument-for-the-sources-thesis-a-critical-analysis1.pdf

Date added: August 2, 2013 - Views: 1

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HeinOnline (PDF) - University of Virginia School of Law

Joseph Raz, The Authority of Law: Essays on Law and Morality 37-38 (1979). ... standing source of law capable of generating legal rules, principles, rights, ... the inherent limits of custom as a vehicle for legal reform. To be ef-

http://www.law.virginia.edu/pdf/faculty/hein/rutherglen/89va_l_rev925_2003.pdf

Date added: October 15, 2013 - Views: 1

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VARIED AND PRINCIPLED UNDERSTANDINGS OF AUTONOMY IN ENGLISH ...

legal principles that are supposed to guide or bind them. ... 5 Joseph Raz, The Morality of Freedom, (Oxford: Clarendon Press, 1986), ... It may be suggested that the law limits which refusals receive respect by reference to a

http://mylaw2.law.usc.edu/centers/paccenter/assets/docs/JohnCoggon-Autonomy%20in%20English%20Law-%20MarkS.EhrenreichPrizeForHealthcareEthics.pdf

Date added: December 12, 2013 - Views: 2

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MULTIPLE PRINCIPLES AND THE OBLIGATION TO OBEY THE LAW

The Moral Limits of Law. Oxford University Press. 2004. p. 27. In intend to use both phrases interchangeably. 4 An example of such an argument is given by Joseph Raz in The Authority of Law: Essays on Law and ... The Duty to Obey the Law”. Legal Theory 10 (2004), at 215, 216

http://www.trinitinture.com/documents/ahiauzu.pdf

Date added: May 5, 2012 - Views: 5

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LOGIC AND COHERENCE IN FOUNDATION: THE ARGUMENTS OF NON ...

principles of adjudication which are well founded in legal ... STANFORD ENCYCLOPEDIA OF PHILOSOPHY available at http://plato.stanford.edu/entries/law-limits/ (Last visited on August 30, 2009). 5 Lawrence v. ... Joseph Raz, Authority, Law and Morality in JOSEPH RAZ, ETHICS IN THE PUBLIC DOMAIN

http://nujslawreview.org/pdf/articles/2009_3/pritam-baruah.pdf

Date added: July 9, 2014 - Views: 1

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EUI Working Papers

Similarly, Joseph Raz says: ... Joseph Raz, ‘Legal Principles and the Limits of Law’ (1972) 81 Yale Law Journal 823. 11. There is a great deal of terminological disagreement about ‘rule of thumb’. Raz uses the term idiosyncratically to describe

http://cadmus.eui.eu/bitstream/handle/1814/22554/MWP_2012_10__Perry.pdf

Date added: October 16, 2013 - Views: 1

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92 MILITARY LAW REVIEW [Vol. 189 THE RULE OF LAW: A PRIMER ...

also Joseph Raz, The Rule of Law and its Virtue, ... The limits imposed by law were substantive, based on natural law, shared customs, ... legal principles and rules. The rule of law is also the framework that governs the relationship between

http://www3.citadel.edu/smll/Seminar/Additional%20Resources/Stigall,%20Rule%20of%20Law,%20Military%20Law%20Review,%20Fall%202006.pdf

Date added: December 16, 2013 - Views: 1

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THE PERSPECTIVE OF LAW ON CONTRACT - University of Washington

... (Penelope A. Bulloch & Joseph Raz eds., Clarendon Press 2d ed. 1994) ... or moral principles vaguely ensconced in the law, or other involuntary duties that might frame their commercial ... indeterminacy in the law. Legal realism made this feature central. 31. It

http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/1308/88WLR1227.pdf?sequence=1

Date added: January 12, 2014 - Views: 2

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THE “TRIAL WARRIOR”: APPLYING SUN TZU S THE ART OF WAR TO ...

The Concept of Law (Oxford: Clarendon Press, 1961); Joseph Raz, The Authority of Law: Essays on Law and Morality ... within the limits of the law while treating the tribunal with candour, fairness, ... outdated legal principles, or unpersuasive case law, ...

http://documents.jdsupra.com/355f9a66-268f-4389-9be2-ef972f43b690.pdf

Date added: September 21, 2012 - Views: 5

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Introduction - Australian Law Reform Commission

the Terms of Reference for this Inquiry require the Australian Law Reform Commission (ALRC) to ... Joseph Raz, eg Joseph Raz, The Morality of Freedom (Clarendon Press, ... within community life whereas the other principles reflect more the rights and legal

http://www.alrc.gov.au/sites/default/files/pdfs/publications/dp811._chapter_1_introduction.pdf

Date added: June 3, 2014 - Views: 1

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Lawless America: What Happened to the Rule of Law

... Joseph Raz, The Authority of Law (Oxford: Clarendon Press, 1979), ... supposedly abstract principles, then applying it to make the law what a good liberal thinks it ought to be. ... need for order and the limits of the state and of law, ...

http://www.nhinet.org/frohnen24-1.pdf

Date added: July 23, 2013 - Views: 1

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GROUNDING THE HIGH COURT'S MODERN SECTION 92 JURISPRUDENCE ...

The legal principles that define, ... (1961) 129–30, 137, 141; Joseph Raz, The Morality of Freedom (1986) 234–35; Michael Walzer, ... necessarily embraces factual discrimination as well as legal operation. A law will

http://flr.law.anu.edu.au/sites/flr.anulaw.anu.edu.au/files/flr/Simpson_0.pdf

Date added: November 5, 2013 - Views: 1

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Contract and Collaboration - Yale University

This Article is brought to you for free and open access by the Yale Law School Faculty Scholarship at Yale Law School Legal Scholarship Repository. It ... Contract Theory and the Limits of Contract Law, 113 YALE L.J. 541 ... Joseph Raz has suggested that promises create a "special bond ...

http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1413&context=fss_papers

Date added: November 1, 2013 - Views: 2

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The Regulatory Framework for Executive Remuneration in Australia

principles to guide remuneration practices in ... (2001) 1 Journal of Corporate Law Studies 381 at 389. 13 Joseph Raz, ‘Legal Principles and the Limits of Law ... good practice.30 Failure to make the disclosures mandated by company law may well attract legal sanctions for the ...

http://sydney.edu.au/law/slr/slr31/slr31_2/sheehan.pdf

Date added: December 11, 2012 - Views: 2

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Rules Versus Standards: An Economic Analysis

... and uses "principles" in place of the more conventional "standards." See Dworkin, ... given the limits of language, ... ing the law, the costs of legal advice sought by individuals, ...

http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3207&context=dlj

Date added: May 9, 2013 - Views: 2

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The Enclosure of Justice: Courthouse Architecture, Due ...

This Article is brought to you for free and open access by Yale Law School Legal Scholarship Repository. ... CONCEPT OF LAW (Penelope A. Bulloch & Joseph Raz eds., 2d ed. 1994); ... (1988); and BERNARD WILLIAMS, ETHICS AND THE LIMITS OF PHILOSOPHY (1985). 5. BENEDICT ANDERSON, ...

http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1390&context=yjlh

Date added: June 19, 2013 - Views: 4

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AA LitRev 12-2 - Ludwig von Mises Institute : The Austrian ...

... and Joseph Raz maintain that law can be separated from morality. Others like Aquinas, ... Montana changed the state’s law via codification, using legal ... under commonly applied criminal law principles, ...

http://direct.mises.org/journals/jls/12_2/12_2_7.pdf

Date added: March 18, 2014 - Views: 1

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University Press Scholarship Online Robert Alexy's Philosophy ...

the work of Joseph Raz and Robert Alexy. ... Alexy says it is a claim to moral correctness. This chapter assesses the thesis on which Raz and Alexy converge, namely that the law claims some moral standing for itself. Is this ... constitutional rights as legal principles. In an extended response ...

http://www.universitypressscholarship.com/oso/search:downloadsearchresultaspdf?f_0=keywords&q_0=Robert+Alexy

Date added: November 20, 2013 - Views: 2

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The Problematics of Moral and Legal Theory

Nagel, Martha Nussbaum, John Rawls, Joseph Raz, and Judith Jarvis Thomson. This is a diverse list, ... LAW AND LEGAL THEORY IN ENG-LAND AND AMERICA 4-6 (t996). 1645 HeinOnline -- 111 Harv. L. Rev. 1645 1997-1998. ... versal moral law in the sense of a set of principles that all competent

http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2828&context=journal_articles

Date added: March 19, 2014 - Views: 2

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Aspects of Norm Theory in Hans Kelsen‟s Pure Theory of Law ...

... Of the Limits of the Penal Branch of Jurisprudence, ed. Philip ... late period he is rejecting the very idea that logic might play a role in the law. For criticism, see Joseph Raz, „Critical Study: Kelsen‟s General ... primary legal norm, law is efficacious if it is applied ...

http://www.digita.unige.it/wp-content/uploads/2010/09/Paulson.pdf

Date added: May 26, 2013 - Views: 7

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Introduction - Columbia Law School

American Law Institute’s Principles of Software Contracts. ... “Contract Theory and the Limits of Contract Law,” Yale Law Journal 113 (2003): ... Raz, Joseph, “On the Authority and Interpretation of Constitutions: ...

http://web.law.columbia.edu/sites/default/files/microsites/law-theory-workshop/files/Bix%20Workshop%20Paper.pdf

Date added: September 4, 2013 - Views: 1

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José Juan Moreso** - Diritto & questioni pubbliche

moral validity of a norm does not necessarily entail its legal validity. III. The Limits of the Law Thesis ... applicable legal standards (i.e., principles) ... Vd., por ejemplo, Joseph Raz, ‘Postema on Law’s Autonomy and Public Practical Reasons: ...

http://www.dirittoequestionipubbliche.org/page/2001_n1/D_Q-1Moreso.pdf

Date added: September 12, 2012 - Views: 5

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Comparative Constitutional Law - Course Overview

doctrines and values underlying the provisions and principles from various constitutional systems. ... Joseph Raz, The Rule of Law and Its Virtue, The Law Quarterly Review, vol 93 (1977 ... The Constitutional Limits of Judicial Review: A Structural Interpretative Approach, Oklahoma Law Review ...

http://nujs.edu/courses/comparative-constitutional-law-course-overview.pdf

Date added: November 20, 2011 - Views: 312

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When And Why Law And Reality Coincide? De - Justice in Mexico

... as Joseph Raz argues, requires the law to be prospective, open, clear, ... 1 Raz also requires that the principles of natural justice have to be observed, ... based on an oversimplified look at legal texts. We show how a theoretically informed,

http://justiceinmexico.files.wordpress.com/2010/07/9-pozas_rios_when_why_law_reality_coincide.pdf

Date added: January 15, 2014 - Views: 1

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Princeton University Department of Politics

*Joseph Raz Practical Reason and Norms Joseph Raz The Authority of Law ... “Toward Neutral Principles of Constitutional Law,” Harvard Law Review 73 ... Speculations on the Limits of Legal Change,” Law and Society Review 9 ...

http://www.princeton.edu/politics/graduate/requirements/general-examination/documents/PublicLawRdgLst03.pdf

Date added: March 4, 2012 - Views: 8

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Presentation by The Hon - - Land and Environment Court New ...

13 Joseph Raz, The Authority of Law (Clarendon Press, 1979) 212. ... collection of legal rules, political principles, ... implication is that incorporation of individual rights and the rule of law imposes limits on democracy: ...

http://www.lec.lawlink.nsw.gov.au/agdbasev7wr/_assets/lec/m420301l721754/preston_importance%20of%20rule%20of%20law%20in%20times%20of%20change.pdf

Date added: October 15, 2013 - Views: 1

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December 2010 DAVID LYONS - Boston University

"Benevolence and Justice in Mill," in The Limits of Utilitarianism, ed. H. Miller and ... "Principles, Positivism, and Legal Theory," review of Taking Rights Seriously by Ronald Dworkin, ... The Authority of Law by Joseph Raz, Philosophical Review 91 (1982) ...

http://www.bu.edu/law/faculty/profiles/pdfs/david.lyons.pdf

Date added: November 9, 2011 - Views: 8

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Higher Law and the Rule of Law: The Platonic Origin of an Ideal

The Need for the Rule of Law C Context and Limits of the Rule of Law D. The Nightly Meeting and the ... law against legal positivism by describing what he called ... Morality, and Purpose, 10 VILL. L. REV. 640 (1965); Joseph Raz, The Rule of Law and Its Virtue, 93 LAW Q. REV ...

http://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=1104&context=plr

Date added: October 15, 2013 - Views: 1

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Cover-HLA Harts rule of law - London School of Economics

H.L.A. Hart’s Rule of Law: The Limits of Philosophy in Historical Perspective ... Joseph Raz’s argument that the rule of law’s ‘virtue’ is a relatively modest one, ... CR v UK, SW v UK V Feminist Legal Studies 91 Joseph Raz (1979), The Authority of Law: essays on law and morality ...

http://eprints.lse.ac.uk/3520/1/HLA_Harts_rule_of_law_(LSERO).pdf

Date added: January 31, 2012 - Views: 45

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Princeton University Department of Politics

*Joseph Raz . Practical Reason and Norms. Joseph Raz . The Authority of Law. ... “Toward Neutral Principles of Constitutional Law,” Harvard Law Review 73 (1959) ... Speculations on the Limits of Legal Change,” Law and Society Review. 9 (1974) *Robert Ellickson .

http://www.princeton.edu/~kewhitt/public_law_list.pdf

Date added: February 22, 2012 - Views: 4