Le Corti, il Legislatore e la Ragione Pubblica nella filosofia del diritto di Jeremy

Waldron.

Giovanni Cogliandro - 2015 - Rivista Internazionale di Filosofia Del Diritto 4:651-

688.

1. Indeterminatezza costituiva della ragione pubblica e governo della legge; 2.

Concetto e rule of law; 3. Concetto, linguaggio e obbedienza; 4. Chain novel e
struttura normativa; 5. Contrastanti armonie.

Constitutional Law, Misc in Philosophy of Law Legal Authority in Philosophy of

Law Legal Authority and Obligation, Misc in Philosophy of Law Obligations in the
Law in Philosophy of Law Political Obligation in Philosophy of Law

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Breve excursus sul concetto di legge in Francisco Surez.

C. Faraco - 2013 - In Colonne Ofitiche. Percorsi di ermeneutica simbolica. pp.

73-84.

Il breve saggio sul concetto di lex in Surez evidenzia come la nota definizione
di Tommaso dAquino, pur rappresentando un punto di riferimento
imprescindibile nel dibattito giuridico, morale e teologico, possa esser riscritta.
E linnovazione del gesuita spagnolo si delinea in una definizione di legge, ove i
termini intelletto e volont sono posti in modo differente e il dialogo tra questi
concetti generi una costruzione morale, che tenga conto della libert della
volont dallintelletto e da un ordo precostituito.

Legal Authority in Philosophy of Law Natural Law Theory in Philosophy of Law

Nature of Law, Misc in Philosophy of Law Obligations in the Law in Philosophy of
Law Political Obligation in Philosophy of Law

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Obbligo politico e libert nel pensiero di Francisco Surez, FrancoAngeli, Milano,

2013.

C. Faraco (ed.) - 2013 - FrancoAngeli.

Se luomo nato libero e non soggetto ad un suo pari, pu obbligare un altro

uomo senza cadere nella tirannia? la domanda a cui Surez cerca di dare
risposta attraverso lo studio della legge, interpretata come una manifestazione
dellintelletto e della volont, ovvero le due componenti che, in continuo ed
armonico dialogo, sono la base di una nuova costruzione morale. Il gesuita
riscrive il rapporto tra Creatore e creatura, da un lato, e il rapporto tra obbligo
politico e (...)

Mixed Theories of Law in Philosophy of Law Natural Law Theory in Philosophy of

Law Nature of Law, Misc in Philosophy of Law Obligations in the Law in
Philosophy of Law Political Obligation in Philosophy of Law Political Theory in
Social and Political Philosophy

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Kant on Freedom and Obligation Under Law.

Lena Halldenius - 2011 - Constellations 18 (2):170-189.

History of Political Philosophy in Social and Political Philosophy Kant:

Categorical Imperative in 17th/18th Century Philosophy Kant: Freedom in
17th/18th Century Philosophy Kantian Ethics, Misc in Normative Ethics
Obligations in the Law in Philosophy of Law Political Obligation in Philosophy of
Law

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Authority and Interest in the Theory of Right.

Nieswandt Katharina - forthcoming - In David Plunkett, Scott Shapiro & Kevin

Toh (eds.), Legal Norms, Moral Norms: New Essays on Metaethics and
Jurisprudence. Oxford: Oxford University Press.

I suggest a new role for authority and interest in the theory of right: Rights can
be explicated as sets of prohibitions, permissions and commands, and they
must be justified by interests. I argue as follows: (1) The two dominant theories
of rightWill Theory and Interest Theoryhave certain standard problems.
(2) These problems are systematic: Will Theorys criterion of the ability to
enforce a duty is either false or empty outside of its original legal context,
whereas Interest Theory includes in (...)

Legal Authority in Philosophy of Law Legal Rights in Social and Political

Philosophy Moral Concepts in Meta-Ethics Obligations in the Law in Philosophy
of Law Rights and Utility in Social and Political Philosophy

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Review of Sovereigntys Promise: The State as Fiduciary by Evan Fox-Decent.

[REVIEW]

Matthew Lister - 2012 - Ethics 123 (1):150-4.

In Sovereigntys Promise: The State as Fiduciary, Evan Fox-Decent uses the
idea of fiduciary relationships to explain the legitimate exercise of
governmental authority. He makes use of the idea of the state as a fiduciary for
the people to ground an account of the duty to obey the law, to explain the
proper relationships between colonial (or settler) societies and aboriginal
populations, the role of agency discretion and judicial review in the
administrative state, the rule of law, the relationship between (...)

Legal Positivism in Philosophy of Law Legal Reasoning and Adjudication, Misc in

Philosophy of Law Natural Law Theory in Philosophy of Law Obligations in the
Law in Philosophy of Law Political Legitimacy in Social and Political Philosophy

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The Use and Abuse of Presumptions: Some Comments on Dempsey on Finnis.

Matthew Lister - 2012 - Villanova Law Review 57:485.

This paper is a short commentary on Michelle Dempsey's contribution to a

symposium on the work of John Finnis which took place at Villanova Law School
in the fall of 2011. It focuses on Finnis's claim that there is a presumptive
obligation to obey the law and some worries that Dempsey raises against this
claim. It is forthcoming, along with several other papers from the symposium,
in the Villanova Law Review.

Legal Authority and Obligation, Misc in Philosophy of Law Legal Positivism in

Philosophy of Law Methodology of Jurisprudence, Misc in Philosophy of Law
Natural Law Theory in Philosophy of Law Obligations in the Law in Philosophy of
Law

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How Kant's View of Perfect and Imperfect Duties Resolves an Alleged Moral
Dilemma for Judges.

Lawrence Masek - 2005 - Ratio Juris 18 (4):415-428.

I clarify Kant's classification of duties and criticize the apocryphal tradition that,
according to Kant, perfect duties trump imperfect duties. I then use Kant's view
to argue that judges who believe that an action is immoral and should be illegal
need not set aside their beliefs in order to comply with binding precedents that
permit the action. The same view of morality that causes some people to
oppose certain actions, including abortion, requires lowercourt judges to
comply with binding precedents. Therefore, (...)

Kant: Applied Ethics in 17th/18th Century Philosophy Obligations in the Law in

Philosophy of Law Perfect and Imperfect Duties in Normative Ethics
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How Is the Rule of Law a Limit on Power?

David McIlroy - 2016 - Studies in Christian Ethics 29 (1):34-50.

A commitment to the rule of law is a commitment to the governance of a

society through the use of general or generalisable rules which are binding on
both the subjects and the rulers. By giving due notice of the rules and of any
changes to them, those who are subject to the law are protected from violence
and enabled to act as agents. This is the essential contribution the rule of law
makes to important human goods including freedom. Such (...)

Christianity in Philosophy of Religion Natural Law Theory in Philosophy of Law

Normative Jurisprudence in Philosophy of Law Normativity of Law in Philosophy
of Law Obligations in the Law in Philosophy of Law

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Rethinking Political Obligation: Moral Principles, Communal Ties, Citizenship.

Dorota Mokrosinska - 2012 - Palgrave-Macmillan.

Why obey the state? Dorota Mokrosiska presents a fresh analysis of the most
influential theories of political obligation and develops a novel approach to this
foundational problem of political philosophy, an intriguing combination of the
elements of natural duty and associative theories. The theory of political
obligation developed in the book extends the scope of the contemporary
debate on political obligation by arguing that political obligation can be binding
even under the jurisdiction of unjust states. The arguments pursued in the (...)

Associative Obligations in Social and Political Philosophy Obligations in the Law

in Philosophy of Law Political Authority, Misc in Social and Political Philosophy
Political Legitimacy in Social and Political Philosophy Political Obligation in
Philosophy of Law

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Thomas Aquinas Human Dignity and Conscience as a Basis for Restricting

Legal Obligations.

Marek Piechowiak - 2016 - Diametros 47:64-83.

In contemporary positive law there are legal institutions, such as conscientious
objection in the context of military service or conscience clauses in medical
law, which for the sake of respect for judgments of conscience aim at
restricting legal obligations. Such restrictions are postulated to protect human
freedom in general. On the basis of Thomas Aquinas philosophy, it shall be
argued that human dignity, understood as the existential perfection of a human
being based on special unity, provides a foundation for imposing (...)

Abortion in Applied Ethics Freedom and Liberty, Misc in Social and Political
Philosophy Justifications of Human Rights in Social and Political Philosophy
Obligations in the Law in Philosophy of Law Thomas Aquinas in Medieval and
Renaissance Philosophy

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Reasons of Law: Dworkin on the Legal Decision.

Anthony R. Reeves - 2015 - Jurisprudence 7 (2):210-230.

Ronald Dworkin once identified the basic question of jurisprudence as: What, in
general, is a good reason for a decision by a court of law? I argue that, over
the course of his career, Dworkin gave an essentially sound answer to this
question. In fact, he gave a correct answer to a broader question: What is a
good reason for a legal decision, generally? For judges, officials of executive
and administrative agencies, lawyers, non-governmental organizations, and
ordinary subjects acting in the (...)

Legal Authority in Philosophy of Law Legal Reasoning and Adjudication, Misc in

Philosophy of Law Normativity of Law in Philosophy of Law Obligations in the
Law in Philosophy of Law

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Semantic Originalism.

Lawrence B. Solum - manuscript

Semantic originalism is a theory of constitutional meaning that aims to

disentangle the semantic, legal, and normative strands of debates in
constitutional theory about the role of original meaning in constitutional
interpretation and construction. This theory affirms four theses: (1) the fixation
thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the
fidelity thesis. -/- The fixation thesis claims that the semantic content of each
constitutional provision is fixed at the time the provision is framed and ratified:
(...)
Constitutional Interpretation in Philosophy of Law Obligations in the Law in
Philosophy of Law Philosophy of Language, Miscellaneous in Philosophy of
Language

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Natural Justice : An Aretaic Account of the Virtue of Lawfulness.

Lawrence B. Solum - 2007 - In Colin Patrick Farrelly & Lawrence Solum (eds.),
Virtue Jurisprudence. Palgrave-Macmillan.

Justice in Social and Political Philosophy Natural Law Theory in Philosophy of

Law Nature of Law, Misc in Philosophy of Law Obligations in the Law in
Philosophy of Law Virtue Ethics, Misc in Normative Ethics

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The Hybrid Nature of Promissory Obligation.

Neal A. Tognazzini - 2007 - Philosophy and Public Affairs 35 (3):203232.

How do promissory obligations get created? Some have thought that the
answer to this question must make reference to our social practice of
promising. Recently, however, T.M. Scanlon has argued (in his book What We
Owe to Each Other) for a pure expectation view of promising, according to
which promissory obligations arise as a result of our producing certain
expectations in others. He formulates a principle of fidelity (Principle F) that
tells us when one has gained an obligation due to (...)

Obligations in the Law in Philosophy of Law Political Obligation in Philosophy of

Law Promises in Normative Ethics

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Assessing Law's Claim to Authority.

Bas van der Vossen - 2011 - Oxford Journal of Legal Studies 31 (3):481-501.

The idea that law claims authority (LCA) has recently been forcefully criticized
by a number of authors. These authors present a new and intriguing objection,
arguing that law cannot be said to claim authority if such a claim is not
justified. That is, these authors argue that the view that law does not have
authority viciously conflicts with the view that law claims authority. I will call
this the normative critique of LCA. In this article, I assess the normative critique
(...)

Legal Authority in Philosophy of Law Legal Positivism in Philosophy of Law

Obligations in the Law in Philosophy of Law Philosophy of Law, General Works
in Philosophy of Law

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The Moral Prima Facie Obligation to Obey the Law.

Burleigh T. Wilkins - 1994 - Journal of Social Philosophy 25 (2):92-96.

Obligations in the Law in Philosophy of Law Political Obligation in Philosophy of

Law