Judging positivism

by Martin, Margaret

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Title Statements

Full title :Judging positivism.

Edition Statements

Publication Date:2013.

Publication Statements

Publisher(s):Hart
Place of Publication:Oxford
Language:eng
Publication Date:2013.

Edition Identifiers

ISBN:9781849460996, 184946099X
oclc:ocn880601795
LC Classification:K331
Dewey Decimal:340.112

Machine generated contents note: 1. Setting the Stage: Practical Reason and Norms Reconsidered -- I. Practical Reason and Norms and Exclusionary Reasons -- II. Exclusionary Reasons and the Legal Sphere: Issues of Method and Substance -- III. Between Chaos and Order: Judges as Wielders of Our Collective Fate -- IV.Common Law Systems: A Counter-Example -- 2. Between Fact and Value -- I. The Sources Thesis Defined and Defended -- II. Raz's Rule-Plus-Exception Model -- III. Casting Law in a New Light -- IV. Identifying Rules: A Herculean Task -- V. Between Fact and Value -- 3. The Perils of Positivism: Why Raz becomes a Realist -- I. Law's Autonomy Considered and Reconsidered -- II. Legal Rights and Legal Realism -- III. Back to the Settled Core -- IV. Law's Claim to Authority: Raz's Way Out? -- V.A Story about Law and Order Retold -- 4. Raz's The Morality of Freedom: Two Models of Authority -- I. Raz's Focal Concept of Authority.

Contents note continued: II. The Analogy of the Arbitrator: From Consent to Normal Justification -- III. Pre-emption versus Normal Justification: Seeking Coherence -- IV. Methodology: The Source of the Tension? -- V. Co-ordination Problems and Razian Author…