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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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Principles for Legal Procedure - JSTOR

7 Joseph Raz, 'Legal Principles and the Limits of Law', Yale Law Journal 81 (1972): ... 'The Forms and Limits of Adjudication', Harvard Law Review 92 (1978): 364. 37 This content downloaded from 157.55.39.85 on Sun, 7 Sep 2014 09:01:09 AM

http://www.jstor.org/stable/3504712

Date added: February 14, 2014 - Views: 1

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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 ... at 17 (limits legal philosophy to those features of law that are both “necessarily true” and ... challenges to positivism, namely Raz, “Legal Principles and the Limits of Law,” supra note 11. A similar reading ...

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

Date added: March 14, 2012 - Views: 8

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Fallacy of Legal Certainty - Homepage » Oregon Law

Joseph Raz, Legal Principles and the Limits of Law2 [S]tandards . . . increase the cost and difficulty of prediction [while] rules are ... supposed greater certainty of the law under a system in which all rules of law

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

Date added: December 12, 2013 - Views: 4

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F STATE UNIVERSITY

Recommended citation: Melvin A. Eisenberg, The Concept of National Law and the Rule of Recognition, 29 FLA. ST. U. L. ... C. Legal Scholarship ... Joseph Raz draws a central distinction between “regulated” and “unregulated” disputes: ...

http://diginole.lib.fsu.edu/cgi/viewcontent.cgi?article=1640&context=fsulr

Date added: July 31, 2014 - Views: 1

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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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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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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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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 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 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: 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, ... 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=1826&context=clevstlrev

Date added: July 9, 2014 - 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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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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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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The rule of law - Bond University

... Jim (2000) "The rule of law,"The National Legal Eagle: Vol. 6: Iss. 2, Article 2. Available at:http://epublications.bond.edu.au/nle/vol6/iss2/2. ... Legal philosopher, Joseph Raz asserts that the rule of law ... The principles of the rule of law were not going to be a problem, ...

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 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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Philosophy of Law - Penn State Law

Philosophy of Law: A Crash Course . ... legal philosophy tend to be more abstract than related topics in political philosophy and applied ethics. For example, ... 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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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/57395

Date added: February 16, 2014 - 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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(,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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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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(,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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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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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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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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The Mystery of Life in the Laboratory of Democracy: Personal ...

Cleveland State Law Review Law Journals 2011 The Mystery of Life in ... and limits of personal autonomy also play major roles in the ... It begins by bringing into dialogue with each other four of the most influential legal philosophers of our day: Joseph Raz, Ronald Dworkin, John Finnis ...

http://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi?article=1056&context=clevstlrev

Date added: September 6, 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?sequence=1

Date added: August 20, 2013 - 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 ... By observing these eight principles, ... we avoid the dilemma identified by Professor Joseph Raz in his 1979 work ‘The Authority of Law’. 5 Professor Raz argued that, seemingly, within the framework ...

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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The (Contingent) Value of Autonomy and the Reflexivity of ...

Many of the legal and policy issues about which people today get most ... ∗ Associate Professor, Faulkner University, Jones School of Law. I am indebted to Andy Olree for his comments and clarifications, ... examination of the limits of the principles at play. Arguments in favour of a

http://works.bepress.com/cgi/viewcontent.cgi?article=1006&context=adam_macleod

Date added: September 8, 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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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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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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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 ... (strategy based upon legal principles and policies, ... within the limits of the law while treating the tribunal with candour, fairness, courtesy, and

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

Date added: September 21, 2012 - Views: 15

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

... the principles of logic govern norms directly ... 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 Theory of ... primary legal norm, law is efficacious if it is applied by ...

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

Date added: May 26, 2013 - Views: 7

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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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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 Problematics of Moral and Legal Theory

The Problematics of Moral and Legal Theory Richard A. Posner ... Nagel, Martha Nussbaum, John Rawls, Joseph Raz, and Judith Jarvis Thomson. This is a diverse list, ... cieties.3 If one wants to call these rudimentary principles the universal moral law, fine; but as a practical matter, ...

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

Date added: March 19, 2014 - Views: 2

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AA LitRev 12-2 - Ludwig von Mises Institute

... and Joseph Raz maintain that law can be separated from morality. Others like Aquinas, ... since even positivists use a definition of law that also limits what state power can be classified as law. [See Sebok, 1995, ... under commonly applied criminal law principles, ...

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

Date added: April 13, 2012 - Views: 4

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

of the rule of law as articulated by legal scholars and rule of law practitioners. The article goes on to discuss the rule of law as defined by government entities engaged in activities involving the rule of law,

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

Date added: August 30, 2014 - Views: 1

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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. ... AN INTRODUCTION TO THE PRINCIPLES OF MORALS AND LEGISLATION (J.H. Bums & H.L.A. Hart eds ... JOSEPH RAZ, THE AUTHORITY OF LAW (1979); Lon L. Fuller, ...

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

Date added: June 19, 2013 - Views: 4

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José Juan Moreso** - Diritto & questioni pubbliche

Diritto&questioni pubbliche, 1/2001 . A better strategy relies on the distinction Joseph Raz emphasizes between legal validity and bindingness on officials.

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

Date added: September 12, 2012 - Views: 9

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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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Cover-HLA Harts rule of law

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 ... of legal positivism as an essential plank in the intellectual and practical

http://lawblogsa.files.wordpress.com/2012/12/hla_harts_rule_of_law_lsero.pdf

Date added: August 30, 2014 - Views: 1

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Legal Phenomena, Knowledge, and Theory: A Cautionary Tale of ...

Legal Phenomena, Knowledge, and Theory: A Cautionary Tale of Hedgehogs and Foxes ... who relate everything to single organizing principles, and ... (1996); Frank Easterbrook, The Limits of Antitrust. 63 TEX. L. REV. 1, 11 (1984); Harry T.

http://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=3363&context=cklawreview

Date added: February 10, 2014 - Views: 1