scholarly journals BRIDGING THE CONCEPTUAL GAP BETWEEN LAW AND MORALITY: A CRITICAL RESPONSE TO H.L.A. HART’S THE CONCEPT OF LAW

2013 ◽  
Keyword(s):  
Critical Response ◽  
Law And Morality ◽  
The Concept Of Law ◽  
Concept Of Law

H. L. A. Hart, The Concept of Law

2016 ◽  
Author(s):  
Matthew H. Kramer
Keyword(s):  
Political Philosophy ◽  
Twentieth Century ◽  
English Language ◽  
Legal Philosophy ◽  
Law And Morality ◽  
The Concept Of Law ◽  
Moral Philosophers ◽  
Concept Of Law

H. L. A. Hartʼs The Concept of Law is, of course, primarily a work of legal philosophy. It is indeed the most influential work of legal philosophy in the English language (and perhaps in any language) published during the twentieth century. However, the immense importance of the book for philosophers of law should not prevent readers from discerning its importance for political and moral philosophers as well. Hartʼs insights into the nature of law and sovereignty are themselves of great significance for political philosophy, and the second half of The Concept of Law contains ruminations on justice and on the relationships between law and morality that deserve attention from anyone who aspires to think clearly about the problems of political philosophy.

scholarly journals Revitalization of Radbruch's formula in the theory of Robert Alexy

Eudaimonia ◽  
2021 ◽  
pp. 93-135
Author(s):  
Sava Vojnović
Keyword(s):  
The Other ◽  
Rational Justification ◽  
Other Hand ◽  
Legal Nature ◽  
Law And Morality ◽  
The Concept Of Law ◽  
Theory Of Law ◽  
Concept Of Law

In trying to unravel the quandary of the concept of law, Robert Alexy stipulated some sort of an eclectic non-postivistic theory of law which consists of three arguments: from Correctness, Injustice and Principles. He believes in the possibility of a rational justification of objective morality, which he incorporates into the aforementioned three arguments, claiming that law and morality are conceptually connected. This paper will question the limitations of such an approach. The Argument from Correctness states that no system can be considered to have a legal nature if it does not claim correctness, while it will be seen as defective if it does claim, but does not fulfill correctness. On the other hand, the Argument from Injustice is an addition to the previous thesis, through the revitalization of the Radbruch Intolerability and Disavowal Formula – subtracting legal nature from extremely unjust norms. The paper evaluates main objections pointed towards such a conception of law, as well as general problems which may occur within the Arguments from Correctness and Injustice.

Law and Protestantism in Denmark

2016 ◽  
Vol 102 (1) ◽  
pp. 406-418
Author(s):  
Ditlev Tamm
Keyword(s):  
Criminal Law ◽  
Marriage Law ◽  
The Reformation ◽  
The Law ◽  
The Concept Of Law ◽  
The Church ◽  
Concept Of Law ◽  
Catholic Bishops

Abstract This contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church. The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582.

Introduction: The Guiding Ideas

2018 ◽  
Author(s):  
Philip Pettit
Keyword(s):  
Undergraduate Student ◽  
The Law ◽  
The Concept Of Law ◽  
Scholastic Philosophy ◽  
Concept Of Law

H.L.A. Hart’s (1961) book The Concept of Law already caught my fancy as an undergraduate student in Ireland. It seemed to do more in illumination of its theme than most of the tomes in analytical, continental or scholastic philosophy to which I was introduced in a wonderfully idiosyncratic syllabus. What I attempt here, many years later, is guided by a desire to explore the possibility of providing for ethics and morality the sort of perspective that Hart gave us on the law....

The Concept of Law

1962 ◽  
Vol 71 (6) ◽  
pp. 1185 ◽  
Author(s):  
Alf Ross ◽  
H. L. A. Hart
Keyword(s):  
The Concept Of Law ◽  
Concept Of Law

Power and Law: A Study of the Concept of Law

Ethics ◽  
1940 ◽  
Vol 50 (2) ◽  
pp. 127-143 ◽  
Author(s):  
Edgar Bodenheimer
Keyword(s):  
The Concept Of Law ◽  
Concept Of Law
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