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113 Ergebnisse
Sortierung:
Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism
In: John Robert Seeley lectures
In: The Seeley Lectures v.4
Joseph Raz is one of the world's leading philosophers of law, and in his Seeley Lectures he reflects critically on one of the central tenets of ethical thought, the view that values are universal. This is a concise, pithy and attractively humane account of some fundamental questions of social existence
In: Clarendon paperbacks
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In: Oxford Legal Studies Research Paper No. 36/2019
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Why democracy? Institutions of government and others must meet conditions of legitimacy. Why? and what are they? what are principles of legitimacy, like the principle of subsidiarity? and how does democracy fit in a theory of legitimacy? The paper surveys what it takes to be the seven most important advantages of democratic government: civil and political rights, more extensive opportunities for people to engage in public affairs, responsiveness to the expressed preferences of the people, stability, peaceful transfer of power, loyalty and solidarity. It then considers the role of legitimation in securing these advantages. These reflection lead to the question whether other regimes can secure the same advantages? And more importantly: given that all democratic regime rely also on non-democratic institutions, how are we to debate questions like how much democracy is needed? A question which arises within a single regime and in the interaction between several, say national and international, regimes.
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The paper offers a new account of the rule of law, revising my previous view, and criticising some alternatives. It focuses on the rule of law's aim to avoid arbitrary government, and on its relation to the essential functions of government. The rule of law requires that government action will manifest an intention to protect and advance the interests of the governed. As such it is almost a necessary condition for the law's ability to meet other moral demands, and it facilitate coordination and cooperation internally and internationally.
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In: Columbia Public Law Research Paper No. 14-611
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In: King's College London Law School Research Paper No. 2017-42
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