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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: The Clarendon Press 1979 pp ix, 292 $28.50 On page 10o4 of the book discussed in this review, Joseph Raz characterizes ... 8 See Legal principles and the limits of law (1972) 81 Yale L.]. 823; Legal reasons,

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

Date added: May 29, 2013 - Views: 8

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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), ... ment of law and ethics). 22. JOSEPH RAz, Legal Reasons, Sources, and Gaps, ... "Aristotle's legal ideas fit into neither the natural law nor

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

Date added: October 23, 2012 - Views: 4

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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 [while] rules are ... Contract law lies at the heart of capitalism’s legal framework, and disputes over

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

Date added: December 12, 2013 - Views: 4

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When the Rule Swallows the Exception - Quinnipiac University

TAKING RIGHTS SERIOUSLY 46, 71-78 (1977); Joseph Raz, Legal Principles and the Limits of the Law, 81 YALE L.J. 823, 829-34 (1972) [hereinafter Raz, Legal Principles]. 5. Frederick ... rules, like principles, can conflict. Joseph Raz argues along these lines

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

Date added: December 12, 2013 - Views: 2

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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. ... (Joseph M. Perillo ed., rev. ed. 1993); E. ALLAN

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

Date added: February 7, 2012 - Views: 5

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Princeton University Department of Politics POL 5 ...

Lon Fuller, “The Forms and Limits of Adjudication,” Harvard Law Review (1978) Lon Fuller, “Consideration and Form,” Columbia Law Review ... Joseph Raz, “Legal Principles and the Limits of the Law” Yale Law Journal (1972) 5. Legal Positivism (Raz) Required:

http://scholar.princeton.edu/sites/default/files/kewhitt/files/philosophy_of_law_reading_course.pdf

Date added: October 3, 2014 - Views: 1

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The Morality of Legality - University of California, Berkeley

The Nature and Limits of State Authority ... In sum, rule by law entails the rule of law: the rule of the moral/legal principles intrinsic to any regime of legality. ... 8 Joseph Raz, ‘Authority, Law, and Morality’ in Raz, Ethics in the Public Domain: ...

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

Date added: July 13, 2012 - Views: 23

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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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Brady.The Source Thesis - WebBlog Dosen

This short paper offers a critique of Joseph Raz’s authority-based argument for what he terms the sources thesis. It is drawn from a section in a draft of Chapter 4 of my DPhil thesis ... 6 Raz, 'Legal Principles and the Limits of Law' 853. 7 Ibid 854.

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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The Rule of Law and the Rule of Laws - Cleveland State University

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, ... Finnis states that as a practical matter the Rule of Law limits the efficiency of an evil government because the Rule of Law limits

http://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi?article=1009&context=fac_articles

Date added: December 12, 2013 - Views: 1

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Rule By Law in Ethiopia: Rendering Constitutional Limits on ...

understanding of the rule of law and limits on government power in Ethiopia. ... Joseph RazThe Rule of Law and Its Virtue’ in Authority of Law: ... legislature ! consent determines or influences the content of the law and legal actions). In this paper, ...

http://www.ehrp.org/wp-content/uploads/2014/05/Adem-Abebe-Rule-By-Law-in-Ethiopia.pdf

Date added: September 8, 2014 - Views: 1

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The rule of law - Bond University

... Joseph Raz asserts that the rule of law is one of those virtues that a good legal system should pos- ... people and the limits of kings". In a nutshell, then, ... mu.st adhere to legal principles set down by statutes or the courts.

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

Date added: August 2, 2013 - Views: 4

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Natural Law Book Review - StephanKinsella.com

Natural Law, positivism, and the Limits of Jurisprudence: A Modern Round -. z>- . .& - - . - - ... In his recent collection of essays,' Joseph Raz presents and defends a 2; I ... Sensitive legal scholars, ...

http://www.stephankinsella.com/wp-content/uploads/texts/gaviso_review-raz-finnis-on-natural-law.pdf

Date added: May 23, 2013 - Views: 1

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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://archive.treasury.gov.au/documents/987/PDF/07_coherent_principles.pdf

Date added: August 20, 2013 - Views: 4

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Positivism and Legality Waldron - Homepage | NYU School of Law

4 Ibid., p. 660. 5 For these four formulations, see ibid., pp. 644, 645, ... 12 For important discussions of the Rule of Law, see: Joseph Raz, The Rule of Law and its Virtue, ... may, said Hart, be “principles of good legal craftsmanship,” but that does not make them into a morality.

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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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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Philosophy of Law - Pennsylvania State University

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 Regulatory Framework for Executive Remuneration in Australia

combination and institution al structure’ (2001) 1 Journal of Corporate Law Studies 381 at 389. 13 Joseph Raz, ‘Legal Principles and the Limits of Law’ (1972) 81 Yale Law Journal 823 at 838. 276 SYDNEY LAW REVIEW [VOL 31:273

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

Date added: December 11, 2012 - Views: 2

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

376 (1946); Fuller, The Forms and Limits of Adjudication, 92 Harv. L. Rev. 353 (1978). 2 H.L.A. Hart, The Concept of Law (1961); J. Raz, The Authority of Law: Essays on Law ... expanded to include statements of general legal principles,21 which often overlap with equally general ...

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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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, vol. 81, 1972, pp. 823-854, on p. 838, ... Legal Principles and the Limits of Law, on pp. 841-842. 104 4 . 7..

http://dare.uva.nl/document/2/9052

Date added: October 21, 2014 - Views: 1

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Download PDF - Home - Macquarie Law School

2 Joseph Raz, ‘The Rule of Law and its Virtue’ (1977) 93 Law ... ‘The Justice of the Common Law: Judges, Democracy and the Limits of the Rule of Law’ in Saunders and Le Roy ... Dawson J felt that any assertion of legal equality would offend principles of parliamentary sovereignty. See ...

http://www.law.mq.edu.au/public/download/?id=16217

Date added: June 13, 2013 - Views: 2

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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 Authority of Law, ch 11. 2 This is actually not quite accurate. In my essay on ‘The Rule of Law and its Limits’, I ... deficiency. We have law and legal sys-tems because ...

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

Date added: March 2, 2012 - Views: 3

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

... (1987); JOSEPH RAz, THE AUTHORITY OF LAW: ESSAYS ON LAW ... 369 (1989); Edward L. Rubin, Modem Statutes, Loose Canons and the Limits of Practical Reason: A Response to ... See generally JOSEPH RAZ, Legal Positivism and the Sources of Law, in THE AUTHORITY OF LAW: ESSAYS ...

http://www.law.virginia.edu/pdf/faculty/hein/schauer/81geo_lj95_1992.pdf

Date added: July 24, 2012 - Views: 4

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The rule of law - Bond University

... Joseph Raz asserts that the rule of law is one of tttose virtues that a good legal system should pos- ... people and the limits of kings". In a nutshell, then, ... must adhere to legal principles set down by statutes or the courts.

http://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1130&context=law_pubs

Date added: July 8, 2013 - Views: 4

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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: Essays on ... tional and choice-of-law principles; i.e., ... private legal ordering, the limits of enforcement jurisdiction, indirect

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

Date added: April 18, 2014 - Views: 1

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The Scope of the Rule of Law and the Prosecutor – some ...

The UK recognises the importance of developing the rule of law, legal institutions and the ... the limits of such powers. 5. The law must afford adequate protection of fundamental Human ... we avoid the dilemma identified by Professor Joseph Raz in his 1979 work ‘The Authority of Law’. 5

http://www.iap-association.org/Conferences/Annual-Conferences/18th-Annual-Conference-and-General-Meeting-Provisi/18AC_P1_speech_Dominic_Grieve_FINAL.aspx

Date added: March 26, 2014 - Views: 1

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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. ... 8 I use the terms ‘legitimate’ and ‘authority’ to convey Joseph Raz’s ...

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

Date added: July 9, 2014 - Views: 1

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Rights and Politics - Indiana University-Bloomington

Raz, Joseph (1995) "Rights and Politics,"Indiana Law Journal: Vol. 71: Iss. 1, ... the thesis allows that limits on the right can derive from considerations other than another's right. ... which is the feature of common law rights. Nor do legal rights always come with powers of enforcement.

http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1745&context=ilj

Date added: December 9, 2013 - 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?sequence=1

Date added: August 20, 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; ... formulation is given by Melissa Castan and Sarah Joseph, Federal Constitutional Law: A Contemporary View (2001) 270.

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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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), Part III, especially chapters 8 and 10. ... all embracing principles of law in a way

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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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: 4

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The Man of Reason Male and Female in Western Philosophy ...

Rights, Culture, and the Law Themes from the Legal and Political Philosophy ... brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism ... explores the universality of value and of principles of reason on one ...

http://pahtusov.com/v4/450.pdf

Date added: October 9, 2014 - Views: 2

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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 Nicola Lacey, Professor of Criminal Law and Legal Theory, London School of Economics ... Joseph Raz’s argument that the rule of law’s ‘virtue’ is a relatively modest one,

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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Bringing Law and Order to International Trade: Administrative ...

Administrative Law Principles and the GATT/ WTO Kim Rubenstein ... JOSEPH RAz, THE AUTHORITY OF LAw: ESSAYS ON LAw AND MORALITY 210-229 (1979) (analyzing relationship ... and legal security and limits the risk of abuses of power.

http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=1363&context=jcred

Date added: October 3, 2014 - Views: 1

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

2 Joseph Raz, The Rule of Law and Its Virtue, in The Authority of Law: Essays on Law and Morality 221 (Oxford University Press 1979, 2002). 3 See David. R. ... own effective legal institutions.”). 24 J. Comp. & Info. L. 1 (2005)

http://works.bepress.com/cgi/viewcontent.cgi?article=1004&context=h_brian_holland

Date added: August 30, 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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Contract and Collaboration

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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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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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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Rules Versus Standards: An Economic Analysis

1992] RULES VERSUS STANDARDS E. Objectives of the Law Other than Deterrence ... 606 IV. FURTHER CONSIDERATIONS ..... 608 A. Promulgation and Enforcement of Law by

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

Date added: May 9, 2013 - Views: 2

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June 2014 DAVID LYONS - Boston University

“Moral Limits to Dworkin’s Theory of Law and Legal Interpretation,” Boston University Law Review 90 (2010) ... "On Reading Bentham," review of An Introduction to the Principles of Morals and Legislation, ... 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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The very idea of legal positivism Introduction

Limits of Adjudication’, Harvard Law Review, 92 (1978-9), 353-409, repr. ... 5 See Joseph Raz, The Authority of Law (Oxford: Clarendon Press, 1979); Raz, Ethics in the Public Domain (Oxford: Clarendon Press, 1994), at 210-27 et pas-sim. ... the law or in ‘legal reality’, ...

http://www.pos.direito.ufmg.br/rbep/index.php/rbep/article/download/130/125

Date added: January 8, 2014 - Views: 1

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Legalism: Ruly and Unruly Thought and Practices

... The Omnipresence of Legalism: Harvard University as a Legal Entity, Legal Subject, and Private Law-Maker • Kors and Silverglate, “Sue the Bastards”, ... • Joseph Raz, “Multiculturalism: A Liberal ... Lecture 25. (May 6) The Limits of Legalism: Truth and Reconciliation ...

http://www.people.fas.harvard.edu/%7Enrosenbl/mr68_syllabus_2004.pdf

Date added: July 11, 2013 - Views: 1

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Comparative Constitutional Law - Course Overview

Comparative Constitutional Law1 Course Objective ... 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)

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

Date added: November 20, 2011 - Views: 313

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Introduction

1.1 This Inquiry focuses on legal capacity for people with disability. ... the Terms of Reference for this Inquiry require the Australian Law Reform Commission (ALRC ... the application of the Principles in a range of Commonwealth laws.

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

Date added: June 3, 2014 - Views: 1