Index
A
Alexy, R.
injustice of law here
principles as optimisation rules here
American legal realism
authority of law as part of morality here
circular concepts here
comprehensive form of reductionism here
focus on causal forces here
judicial observance of rules here
objection to the prediction theory here
pragmatic approach to the determination of real law here
principles of legality here
reconstructive task of jurisprudence here
relationship between ‘stimulus’ and ‘response’ here
replacement of formalism here, here
‘transcendental nonsense’ here
Austin, J.
authority of law independent of morality here
bindingness of the law here
command theory here, here, here
failure to perceive the problem of formalism here
understanding of legal obligation here
Authority of law
authority based on morality compared here
Dworkin’s alternative approach to positivism here
formalism here
modern legal positivism here, here
service conception (Raz) here
B
Balkin, J. here
Basic Norm here–here, here–here
Bergbohm, K. here
C
Cohen, F.S.
main representative of American legal realism here
moral objectives here
pragmatic approach to the determination of real law here, here
‘transcendental nonsense’ here
Command theory here, here, here
Common law
relation to community morality here
fragmentation of reasoned decisions here
‘Conceptual jurisprudence’ here, here, here
Concrete legal concepts here
Constitutional theory
work of Carl Schmitt here
Critical Legal Studies
‘all law is politics’ here
crisis of confidence for practical reason here
detachment of knowledge from law as an object of study here
embrace of individual freedom here
emphasis on indeterminacy of law here
‘individualistic’ and ‘altruistic’ ways of thinking in private law here
relevance of moral insight for legal knowledge here
‘rule-choices’ here
Customary law
formalism here
modern legal positivism here
sources of law here
D
De Saussure, F. here
Discretion
American legal realism here
Dworkin’s theory of rights here, here
formalism here, here
Kelsen’s approach here
modern legal positivism here
work of Carl Schmitt here, here
Due process here, here
Dworkin, R.
application of rules here
characterisation of legal positivism here
dismantling of legal positivism here
exercise of judgement as key here
law as integrity here
law as self-reflective process of constructive interpretation here
legal knowledge here
post-positivism here
principles and policies distinguished here
relevance of principles here
response of German legal theory here
...