A ‘Justified Normativity’ Thesis in Hans Kelsen's Pure Theory of Law?
in Institutionalized Reason
February 2012; published online May 2012.
Chapter. Subjects: jurisprudence and philosophy of law. 31072 words.
This chapter explores the justified normativity thesis in Kelsen's legal philosophy, with particular attention to the works of Raz and Alexy. It raises doubts about whether anything as ambitious as...
Aboriginal Societies and International Law: A History of Sovereignty, Status, and Land
in Aboriginal Societies and the Common Law
December 2004; published online January 2010.
Chapter. Subjects: jurisprudence and philosophy of law. 13503 words.
This chapter shows how, after World War II, international and municipal legal systems transformed into a more complex and juridified conception where law increasingly modified and curbed the exercise...
Aboriginal Societies and the Common Law
December 2004; published online January 2010.
Book. Subjects: jurisprudence and philosophy of law. 674 pages.
This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations...
Aboriginal Sovereignty and Status in the ‘Empire(s) of Uniformity’
in Aboriginal Societies and the Common Law
December 2004; published online January 2010.
Chapter. Subjects: jurisprudence and philosophy of law. 58589 words.
Through the 17th and most of the 18th centuries, the formal pattern of British relations with non-Christian societies carried strong residual traces of a medieval and personalized approach to the...
About Morality and the Nature of Law
in Between Authority and Interpretation
February 2009; published online May 2009.
Chapter. Subjects: jurisprudence and philosophy of law. 7444 words.
This chapter explores the connection between law and morality. It argues that the denial of necessary connections between law and morality cannot be sustained. However, many of the claims of specific...
About Morality and the Nature of Law
in The American Journal of Jurisprudence
January 2003; published online January 2003.
Journal Article. Subjects: jurisprudence and philosophy of law. 0 words.
The Absence of Contradiction and the Contradiction of Absence: Law, Ethics and the Holocaust
in Law and Popular Culture
April 2005; published online March 2012.
Chapter. Subjects: jurisprudence and philosophy of law. 6563 words.
This chapter discusses Desmond Manderson's article From Hunger to Love: Myths of the Source, Interpretation, and Constitution of Law in Children's Literature. In his interpretation of Maurice...
The Absolute Prohibition of Lying and the Origins of the Casuistry of Mental Reservation: Augustinian Arguments and Thomistic Developments
in The American Journal of Jurisprudence
January 1999; published online January 1999.
Journal Article. Subjects: jurisprudence and philosophy of law. 0 words.
The Acceptance of Law
in Norm and Nature
September 1992; published online March 2012.
Chapter. Subjects: jurisprudence and philosophy of law. 10019 words.
Sophisticated positivism argued two main theses about the acceptance of law. The first is that the minimum necessary and sufficient conditions for the existence of a legal system are satisfied in the...
Access to Legal Education and the Legal Profession: A Commonwealth Perspective*
in Law in Context
March 1997; published online March 2012.
Chapter. Subjects: jurisprudence and philosophy of law. 21740 words.
This chapter aims to raise some questions and suggest some concepts that may be pertinent to analysing practical problems of access in different contexts. It posits that access to legal education and...