Search results

Rights and Right-Holding presents a rigorous philosophical investigation of the two phenomena mentioned in its title. The book engages with a number of key topics, including the Hohfeldian analysis of legal and moral positions and the longstanding debates between the Interest Theory of right-holding and the Will Theory of right-holding.

This book argues for the absolutist position on the freedom of expression, and how this principle is integral for society. This title also explores some of the most common arguments regarding freedom of expression including pornography and banning advocacy of hateful creeds.

Intro -- Table of Contents -- Series page -- Title page -- Copyright page -- Preface -- 1: A Discourse on Method -- 1 Posing the questions -- 2 Elucidation of a concept -- 3 A method of central instances -- 4 A philosophical scope -- 5 Variations across societies -- 6 A descriptive-explanatory methodology -- 7 A reductionist ambition? -- 8 A naturalistic ambition? -- Notes -- 2: Hart on Legal Powers and Law's Normativity -- 1 The Austinian model of law -- 2 Power-conferring laws -- 3 Legislators bound -- 4 Custom-derived laws -- 5 Limits on sovereignty -- Notes -- 3: The Components of Hart's Jurisprudential Theory -- 1 The internal/external distinction -- 2 The simulative point of view -- 3 The blurring of distinctions between viewpoints -- 4 Primary norms and secondary norms: the general distinction -- 5 Primary norms and secondary norms: Hart's thought-experiment -- 6 The Rule of Recognition: to whom is it addressed? -- 7 The Rule of Recognition: power-conferring and duty-imposing -- 8 The unity of the Rule of Recognition: disagreements over details -- 9 The unity of the Rule of Recognition: multiple criteria -- 10 The unity of the Rule of Recognition: institutional hierarchies -- 11 The ultimacy of the Rule of Recognition -- 12 The Rule of Recognition: the foundational level and the codified level -- 13 The intertwining of the Rule of Recognition and other secondary norms -- 14 Interdependent but distinct: a riposte to Shapiro -- 15 Interdependent but distinct: a riposte to Waldron -- 16 Interdependent but distinct: a riposte to MacCormick -- 17 The problem of circularity -- 18 Necessary and sufficient conditions -- Notes -- 4: Hart on Legal Interpretation and Legal Reasoning -- 1 Crucial distinctions -- 2 Hart on formalism and rule-skepticism -- Notes -- 5: Law and Morality -- 1 Separability theses

Taking a fresh look at a central controversy in criminal law theory, The Ethics of Capital Punishment presents a rationale for the death penalty grounded in a theory of the nature of evil and the nature of defilement. Original, unsettling, and deeply controversial, it will be an essential reference point for future debates on the subject.

In this major new work, Matthew Kramer seeks to establish two main conclusions. On the one hand, moral requirements are strongly objective. On the other hand, the objectivity of ethics is itself an ethical matter that rests primarily on ethical considerations. Moral realism - the doctrine that morality is indeed objective - is a moral doctrine.:.; Major new volume in our new series New Directions in Ethics.; Takes on the big picture - defending the objectivity of ethics whilst rejecting the grounds of much of the existing debate between realists and anti-realists.; Cuts across both ethical the

This text brings together contributions from 18 of the world's foremost legal and political philosophers to examine the lasting influence of H.L.A. Hart. The essays explore the major subjects of Hart's work: general jurisprudence, criminal responsibility rights, justice, causation and the foundations of liberalism

How are law and morality connected, how do they interact, and in what ways are they distinct? Matthew Kramer argues that moral principles can enter into the law of any jurisdiction, yet reaffirms the legal positivist argument that law and morality are separable

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted